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U.S. v. ARCH COAL, INC.

Civil Action No. 2:11-0133.

829 F.Supp.2d 408 (2011)

UNITED STATES of America and State of West Virginia, by and through the West Virginia Department of Environmental Protection, and Commonwealth of Kentucky, by and through the, Energy and Environment Cabinet, Plaintiffs v. ARCH COAL, INC. and Coal Mac, Inc. and Lone Mountain Processing, Inc. and Cumberland River Coal Company and Mingo Logan Coal Company, Defendants.

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

November 7, 2011.

Attorney(s) appearing for the Case

Britta G. Hinrichsen , Laura A. Thoms , U.S. Department of Justice, Washington, DC, Gary L. Call , U.S. Attorney's Office, Sarah J. Surber , West Virginia Department of Environmental Protection, Charleston, WV, C. Michael Haines , Commonwealth of Kentucky Energy and Environment Cabinet, Frankfort, KY, for Plaintiffs.

Douglas J. Crouse , Matthew Scott Tyree , Robert G. McLusky , Jackson Kelly , Charleston, WV, John C. Martin , Susan M. Mathiascheck, Crowell & Moring, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending are (1) the United States' motion to enter the proposed consent decree, filed May 2, 2011, and (2) the motions to dismiss and withdraw claims by Ohio Valley Environmental Coalition, Inc., Sierra Club, and West Virginia Highlands Conservancy, Inc. ("citizen organizations"), filed September 6, 2011.

In discussing the circumstances of this case, the court will refer...

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