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M.L. JOHNSON FAMILY PROPERTIES, LLC v. ZINKE

Civil No. 7:16-CV-6-KKC.

298 F.Supp.3d 1014 (2018)

M.L. JOHNSON FAMILY PROPERTIES, LLC, Plaintiff, v. Ryan ZINKE, Secretary of the Interior, Defendant, and Premier Elkhorn Coal LLC, Defendant-Intervenor.

United States District Court, E.D. Kentucky, Southern Division — Pikeville.

Signed March 21, 2018.

Editors Note
Applicable Law: 30 U.S.C. § 1276
Cause: 30 U.S.C. § 1276 Interior: Review of Agency Action
Nature of Suit: 893 Environmental Matters
Source: PACER

Attorney(s) appearing for the Case

Walton D. Morris, Jr. Pro Hac Vice Morris Law Office, P.C. Charlottesville, VA Bethany Nicole Baxter , Joe F. Childers , Joe F. Childers & Associates, Lexington, KY, Mary Varson Cromer , Appalachian Citizens Law Center—Whitesburg, Whitesburg, KY, for Plaintiff

Rebecca Jane Jaffe , U.S. Department of Justice—7611 Environment & Natural Resources, Washington, DC, Thomas Lee Gentry , U.S. Attorney's Office, EDKY, Lexington, KY, Sarah Izfar , U.S. Department of Justice, ENRD, Washington, DC, for Defendant

Daniel H. Leff , Pro Hac Vice, Crowell Moring, LLP—DC, Washington, DC, Charles J. Baird , David L. Baird , Baird & Baird, PSC, Pikeville, KY, for Defendant-Intervenor.

OPINION AND ORDER

A plot of land known as Tract 46 in Pike County, Kentucky has valuable coal and two owners who cannot agree on how it should be used. One cotenant, Pike-Letcher

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