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OHIO VALLEY ENVIRONMENTAL COALITION v. HURST

Civil Action No. 3:03-2281.

604 F.Supp.2d 860 (2009)

OHIO VALLEY ENVIRONMENTAL COALITION, Coal River Mountain Watch, and Natural Resources Defense Council, Plaintiffs, v. Dana R. HURST, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District, and Robert L. Van Antwerp, Lieutenant 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.

March 31, 2009.

Attorney(s) appearing for the Case

James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, John W. Barrett, Charleston Office, Charleston, WV, Joseph Mark Lovett, Appalachian Center for the Economy and the Environment, Lewisburg, WV, for Plaintiffs.

Cynthia J. Morris, Ruth Ann Storey, Thomas L. Sansonetti, U.S. Department of Justice, Environment & Natural Resources Division, Russell W. Petit, U.S. Army Corps of Engineers Office of Chief Counsel, Washington, DC, Stephen M. Horn, U.S. Attorney's Office, James R. Snyder, Lindsey K. Zamonski, Michael J. Pattwell, Robert G. McLusky, Blair M. Gardner, Jackson Kelly, Charleston, WV, Steven E. Rusak, U.S. Department of Justice, Denver, CO, Terry Clarke, U.S. Army Corps of Engineers Office of Counsel, Huntington, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

This case involves several environmental groups' challenge to the Army Corps of Engineers' ("Corps") decision to issue a nationwide permit, NWP 21, authorizing the discharge of dredged and fill material associated with surface coal mining activities, which includes mountaintop mining. Under this controversial method of mining, coal seams running through the upper fraction of a mountain, ridge,...

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