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JAMISON v. LONGVIEW POWER, LLC

Civil Action No. 1:07-CV-41.

493 F.Supp.2d 786 (2007)

Jarrett F. JAMISON III, Fort Martin Community Association and Forks of Cheat Forest Property Owners Association, Plaintiffs, v. LONGVIEW POWER, LLC, Defendant.

United States District Court, N.D. West Virginia, Clarksburg Division.

June 27, 2007.

Attorney(s) appearing for the Case

Phillip D. Gaujot, Morgantown, WV, for Plaintiffs.

Leonard B. Knee, Stuart A. McMillan Bowles, Rice, McDavid, Graff & Love, Charleston, WV, Robert W. Dinsmore, Bowles, Rice, McDavid, Graff & Love, Morgantown, WV, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

KEELEY, District Judge.

This matter is before the Court on defendant's motion to dismiss based on Burford abstention. The plaintiffs characterize their instant suit as a citizen suit under the Clean Air Act ("CAA"), 42 U.S.C. § 7604(a)(3), and assert that the defendant, Longview Power, LLC ("Longview"), does not currently have a valid permit under the Prevention of Significant...

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