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WEST VIRGINIA HIGHLANDS CONSERVANCY v. NORTON

No. CIV.A. 2:00-1062.

238 F.Supp.2d 761 (2003)

THE WEST VIRGINIA HIGHLANDS CONSERVANCY, Plaintiff, v. Gale A. NORTON, Secretary of the Department of the Interior, and Jeffrey D. Jarrett, Director of the Office of Surface Mining; Defendants, and WEST VIRGINIA COAL ASSOCIATION, Intervenor-Defendant.

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

January 9, 2003.

Attorney(s) appearing for the Case

Joseph M. Lovett, John W. Barrett, Charleston, WV, James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, Suzanne M. Weise, Patrick C. McGinley, Morgantown, WV, for Plaintiff.

Michael L. Keller, Kasey Warner, United States Attorney's Office, Charleston, WV, Ruth Ann Storey, John Cruden, Thomas L. Sansonetti, Esquire, U.S. Department of Justice, Environment & Natural Resources Div., General Litigation Section, Washington, DC, for Defendants Norton and Jarrett.

Robert G. McLusky, Esquire, James R. Snyder, Esquire, Jackson & Kelly, Charleston, for Defendant-Intervenor West Virginia Coal Association.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending is the motion of Plaintiff West Virginia Highlands Conservancy (WVHC) for summary judgment and a permanent injunction on Count 9 of its Second Amended and Supplemental Complaint. For reasons discussed below, the Court DENIES the motion without prejudice. Plaintiff's motion for summary judgment on approval by the Office...

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