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OHIO VALLEY ENVI. COALITION v. MARFORK COAL CO.

Civil Action No. 5:12-1464.

966 F.Supp.2d 667 (2013)

OHIO VALLEY ENVIRONMENTAL COALITION, INC., West Virginia Highlands Conservancy, Inc., Coal River Mountain Watch, and Sierra Club, Plaintiffs, v. MARFORK COAL COMPANY, INC., and Independence Coal Company, Inc., Defendants.

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

August 22, 2013.

Attorney(s) appearing for the Case

Derek O. Teaney , Joseph Mark Lovett , J. Michael Becher , Lewisburg, WV, for Plaintiffs.

Christopher M. Hunter , L. Jill McIntyre , M. Shane Harvey , Robert G. McLusky , Matthew Scott Tyree , Jackson Kelly , Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, Chief Judge.

Pending are cross-motions for partial summary judgment filed by Plaintiffs Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., Coal River Mountain Watch, and Sierra Club ("Plaintiffs"), ECF No. 55, and Defendant Marfork Coal Co., Inc. ("Marfork"), ECF No. 50. For the reasons stated below, the Court GRANTS in part Marfork's motion as to the lack of...

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