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OHIO VALLEY ENVTL. COALITION v. ELK RUN COAL CO.

Civil Action No. 3:12-0785.

24 F.Supp.3d 532 (2014)

OHIO VALLEY ENVIRONMENTAL COALITION, West Virginia Highlands Conservancy and Sierra Club, Plaintiffs, v. ELK RUN COAL COMPANY, INC. and Alex Energy, Inc., Defendants.

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

Signed June 4, 2014.

Attorney(s) appearing for the Case

Derek O. Teaney , Joseph Mark Lovett , J. Michael Becher , Appalachian Mountain Advocates, Lewisburg, WV, James M. Hecker , Trial Lawyers for Public Justice, Washington, DC, for Plaintiffs.

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

MEMORANDUM OPINION AND ORDER

On December 3-4, 2013, the Court held a trial in this case regarding jurisdiction and liability,1 and the parties timely conducted post-trial briefing. As explained below, the Court FINDS that Plaintiffs have established statutory jurisdiction...

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