OHIO VALLEY ENVIRONMENTAL COALITION v. ELK RUN COAL COMPANY, INC.

Civil Action No. 3:12-0785.

OHIO VALLEY ENVIRONMENTAL COALITION, WEST VIRGINIA HIGHLANDS CONSERVANCY and SIERRA CLUB, Plaintiffs, v. ELK RUN COAL COMPANY, INC. and ALEX ENERGY, INC., Defendants.

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

September 17, 2014.


Attorney(s) appearing for the Case

Ohio Valley Environmental Coalition, Plaintiff, represented by Derek O. Teaney , APPALACHIAN MOUNTAIN ADVOCATES, James M. Hecker , TRIAL LAWYERS FOR PUBLIC JUSTICE, Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

West Virginia Highlands Conservancy, and, Plaintiff, represented by Derek O. Teaney , APPALACHIAN MOUNTAIN ADVOCATES, James M. Hecker , TRIAL LAWYERS FOR PUBLIC JUSTICE, Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Sierra Club, Plaintiff, represented by Derek O. Teaney , APPALACHIAN MOUNTAIN ADVOCATES, James M. Hecker , TRIAL LAWYERS FOR PUBLIC JUSTICE, Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Elk Run Coal Company, Inc., and, Defendant, represented by L. Jill McIntyre , JACKSON KELLY, M. Shane Harvey , JACKSON KELLY, Robert G. McLusky , JACKSON KELLY & Matthew Scott Tyree , JACKSON KELLY.

Alex Energy, Inc., Defendant, represented by Christopher M. Hunter , JACKSON KELLY, L. Jill McIntyre , JACKSON KELLY, M. Shane Harvey , JACKSON KELLY, Robert G. McLusky , JACKSON KELLY & Matthew Scott Tyree , JACKSON KELLY.


MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, Chief District Judge.

Pending before the Court is Defendants' Motion to Certify Order for Immediate Appeal. ECF No. 115. Defendants ask the Court to amend its January 3, 2014, Memorandum Opinion and Order, ECF No. 103, and its June 4, 2014, Memorandum Opinion and Order, ECF No. 110, certifying the Orders as immediately appealable pursuant to 28 U.S.C. § 1292(b). Defendants further move for an order staying...

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