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MINGO LOGAN COAL CO. INC. v. U.S. E.P.A.

Civil Action No. 10-0541 (ABJ).

850 F.Supp.2d 133 (2012)

MINGO LOGAN COAL COMPANY INC., Plaintiff, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, Defendant.

United States District Court, District of Columbia.

March 23, 2012.

Attorney(s) appearing for the Case

Deidre G. Duncan, Virginia S. Albrecht, Hunton & Williams LLP, Washington, DC, Robert M. Rolfe, George P. Sibley, III, Hunton & Williams LLP, Richmond, VA, for Plaintiff.

Cynthia J. Morris, Kenneth C. Amaditz, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

AMY BERMAN JACKSON, District Judge.

On January 22, 2007, the Army Corps of Engineers ("Corps") issued a permit to plaintiff Mingo Logan Coal Company Inc. ("Mingo Logan") pursuant to section 404 of the Clean Water Act, which authorized Mingo Logan to discharge fill material from its Spruce No. 1 coal mine into nearby streams, including the Pigeonroost and Oldhouse Branches and their...

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