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WEST VIRGINIA HIGHLANDS CONSERVANCY v. HUFFMAN

Civil Action No. 2:07-0410.

651 F.Supp.2d 512 (2009)

WEST VIRGINIA HIGHLANDS CONSERVANCY, INC. and West Virginia Rivers Coalition, Inc., Plaintiffs, v. Randy C. HUFFMAN, Secretary, West Virginia Department of Environmental Protection, Defendant.

United States District Court, S.D. West Virginia, at Charleston.

August 24, 2009.

Attorney(s) appearing for the Case

Derek O. Teaney, Joseph Mark Lovett, Appalachian Center for the Economy and the Environment, Lewisburg, WV, James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, for Plaintiffs.

Heather A. Connolly, West Virginia Department of Environmental Protection, Charleton, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the motion of the plaintiffs for summary judgment and declaratory and injunctive relief, filed March 12, 2008. For the reasons that follow, the motion is granted.

I.

Surface coal mining operations in West Virginia can be said to fall in one of three categories: (1) abandoned mine lands which completed operations...

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