WEST VIRGINIA v. U.S. ENVTL. PROT. AGENCY

Attorney(s) appearing for the Case

ARGUED: Michael Ray Williams, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Petitioner. Alex Jacob Hardee, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondents. ON BRIEF: Zachary M. Fabish, Washington, D.C., Joshua D. Smith, SIERRA CLUB, Oakland, California; Seth L. Johnson, Kathleen L. Riley, Neil Gormley, EARTHJUSTICE, Washington, D.C., for Amici Curiae.

Respondents' Motion to Transfer denied and Petitioner's Motion for Stay granted by published opinion. Judge Niemeyer wrote the opinion, in which Judge Quattlebaum joined. Judge Thacker wrote a dissenting opinion.