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OHIO RIVER VALLEY ENVIR. COALITION v. TIMMERMEYER

No. CIV.A.3:00-0058.

363 F.Supp.2d 849 (2005)

OHIO RIVER VALLEY ENVIRONMENTAL COALITION, INC. et al., Plaintiffs, v. Stephanie R. TIMMERMEYER, et al., Defendants.

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

March 31, 2005.

Attorney(s) appearing for the Case

Charles Kincaid, Huntington, WV, Walton D. Morris, Jr., Theodore J. Korth, Nelson & Korth, PLC, Charlottesville, VA, for Plaintiffs.

Robert G. McLusky, Esquire, James R. Snyder, Esquire, Jackson & Kelly, Thomas L. Clarke, West Virginia Division of Environmental Protection Office of Legal Services, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER REGARDING ATTORNEY FEES

CHAMBERS, District Judge.

Plaintiff Hominy Creek Preservation Association, Inc. (HCPA) petitions the Court for an award of attorney fees and litigation costs against Green Valley Coal Company (Green Valley), an intervenor subsequently made a defendant in this action. This lawsuit was brought under the citizen suit provisions in the Surface Mining Control and Reclamation Act (SMCRA). HCPA contends that...

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