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OHIO VALLEY ENVIRONMENTAL COALITION v. BULEN

No. CIV.A. 3:03-2281.

315 F.Supp.2d 821 (2004)

OHIO VALLEY ENVIRONMENTAL COALITION, Coal River Mountain Watch, and Natural Resources Defense Council, Plaintiffs, v. William BULEN, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District, and Robert B. Flowers, Lieutentant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers, Defendants.

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

April 26, 2004.

Attorney(s) appearing for the Case

James M. Hecker, Trial Lawyers for Public Justice, Washington, DC.

John W. Barrett, Appalachian Center for the Economy and the Environment Charleston Office, Charleston, WV.

Joseph M. Lovett, Appalachian Center for the Economy and the Environment, Lewisburg, WV.

Ruth Ann Storey, Thomas L. Sansonetti, U.S. Department of Justice, Environment & Natural Resources Division, General Litigation Section, Washington, D.C.

Terry C. Clarke, U.S. Army Corps of Engineers, Office of Counsel, Huntington, WV.

Steven E. Rusak, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, D.C.

Michael L. Keller, Kasey Warner, U.S. Attorney, U.S. Attorney's Office, Charleston, WV.

Russell W. Petit, U.S. Army Corps of Engineers, Office of Chief Counsel, Washington, D.C.

Cynthia J. Morris, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, D.C.

Robert G. McLusky, James R. Snyder, Jackson Kelly, Charleston, WV.

ORDER

GOODWIN, District Judge.

Pending before the court is the Plaintiffs' Motion for a Temporary Restraining Order and/or a Preliminary Injunction [Docket 37]. I previously granted the plaintiffs' motion in part and issued a temporary restraining order on April 6, 2004 [Docket 39]. A hearing to consider further injunctive relief was held on April 12, 2004. I renewed the temporary restraining order on April 15, 2004 [Docket 50]. On April 19, 2004, the parties...

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