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OHIO VALLEY ENVIRONMENTAL COALITION v. FOLA COAL COMPANY, LLC

Civil Action No. 2:17-3013.

OHIO VALLEY ENVIRONMENTAL COALITION, WEST VIRGINIA HICHLANDS CONSERVANCY, WEST VIRGINIA RIVERS COALITION and SIERRA CLUB, Plaintiffs, v. FOLA COAL COMPANY, LLC, Defendant.

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

April 17, 2018.

Editors Note
Applicable Law: 33 U.S.C. § 1365
Cause: 33 U.S.C. § 1365 Environmental Matters
Nature of Suit: 893 Environmental Matters
Source: PACER

Attorney(s) appearing for the Case

Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy & West Virginia Rivers Coalition, Plaintiffs, represented by J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT, James M. Hecker , PUBLIC JUSTICE, pro hac vice & Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Sierra Club, Plaintiff, represented by J. Michael Becher , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT & Joseph Mark Lovett , APPALACHIAN CENTER FOR THE ECONOMY AND THE ENVIRONMENT.

Fola Coal Company, LLC, Defendant, represented by David L. Yaussy , ROBINSON & McELWEE, John Charles Wilkinson, Jr. , SPILMAN THOMAS & BATTLE, Lara R. Brandfass , SPILMAN THOMAS & BATTLE & Nicholas S. Preservati , SPILMAN THOMAS & BATTLE.

MEMORANDUM OPINION AND ORDER

Pending before the Court is Fola Coal Company, LLC's ("Fola") Motion to Dismiss. ECF No. 9. Fola argues that Plaintiffs' claims should be dismissed because the doctrine of res judicata precludes them.1 As explained below, the Court believes...

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