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OHIO VALLEY ENVIRONMENTAL COALITION v. APOGEE COAL

Civil Action Nos. 3:07-0413, 3:08-0088, 3:09-01167.

744 F.Supp.2d 561 (2010)

OHIO VALLEY ENVIRONMENTAL COALITION, INC., and West Virginia Highlands Conservancy, Inc., Plaintiffs, v. APOGEE COAL COMPANY, LLC, and Hobet Mining, LLC, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

October 8, 2010.

Attorney(s) appearing for the Case

Derek O. Teaney , Joseph Mark Lovett Lewisburg, WV, James M. Hecker , Trial Lawyers for Public Justice, Washington, DC, for Plaintiffs.

Blair M. Gardner , L. Jill McIntyre , Robert G. McLusky , Thomas J. Hurney, Jr. , Whitney G. Clegg , Douglas J. Crouse , Jackson Kelly , Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before the Court are Apogee Coal Company, LLC ("Apogee") and Hobet Mining LLC's ("Hobet")1 motions to modify the consent decrees (Docs. 149 & 61) in civil actions 3:07-cv-0413 and 3:08-cv-0088, respectively; Plaintiffs' motion for contempt (Doc. 156) in 3:07-cv-0413; and the scope and terms of injunctive...

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