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SIERRA CLUB v. POWELLTON COAL CO., LLC

Civil Action No. 2:08-1363.

662 F.Supp.2d 514 (2009)

SIERRA CLUB and Ansted Historic Preservation Council, Inc., Plaintiffs, v. POWELLTON COAL COMPANY, LLC, Defendant.

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

August 18, 2009.

Attorney(s) appearing for the Case

Derek O. Teaney, Joseph Mark Lovett, Lewisburg, WV, for Plaintiffs.

Allyn G. Turner, Andrew B. McCallister James S. Crockett, Jr., Spilman Thomas & Battle, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER Jr., District Judge.

This action arises under the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 through 1387, commonly referred to as the Clean Water Act ("CWA"), and the Surface Mining Control and Reclamation Act of 1977 ("SMCRA"), 30 U.S.C. §§ 1201 through 1328. According to the plaintiffs, between March 1, 2006 and March 31, 2009 defendant Powellton Coal Company, LLC ...

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