OHIO VALLEY ENVIRONMENTAL COALITION, INC. v. FOLA COAL COMPANY, LLC

Civil Action No. 2:13-5006.

OHIO VALLEY ENVIRONMENTAL COALITION, INC., WEST VIRGINIA HIGHLANDS CONSERVANCY, INC., and SIERRA CLUB, Plaintiffs, v. FOLA COAL COMPANY, LLC, Defendant.

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

October 14, 2015.


Attorney(s) appearing for the Case

Ohio Valley Environmental Coalition, Plaintiff, represented by Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, James M. Hecker , TRIAL LAWYERS FOR PUBLIC JUSTICE & Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

West Virginia Highlands Conservancy, and, Plaintiff, represented by Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, James M. Hecker , TRIAL LAWYERS FOR PUBLIC JUSTICE & Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Sierra Club, Plaintiff, represented by Derek O. Teaney , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, James M. Hecker , TRIAL LAWYERS FOR PUBLIC JUSTICE & Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Fola Coal Company, LLC, Defendant, represented by Jennifer L. Hughes , JACKSON KELLY, M. Shane Harvey , JACKSON KELLY, Matthew Scott Tyree , JACKSON KELLY & Robert G. McLusky , JACKSON KELLY.


MEMORANDUM OPINION AND ORDER

On October 6, 2015, the Court held a trial in this case to resolve issues of appropriate injunctive relief and/or civil penalties.1 The Court FINDS that injunctive relief is appropriate and necessary to remedy Defendant's violations...

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