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OHIO VALLEY ENVIRONMENTAL COALITION v. CAPERTON

CIVIL ACTION NO. 3:20-0470.

500 F.Supp.3d 488 (2020)

OHIO VALLEY ENVIRONMENTAL COALITION, West Virginia Highlands, and Seirra Club, Plaintiffs, v. Austin CAPERTON, Secretary, West Virginia Department of Environmental Protection, Defendant.

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

Signed November 13, 2020.

Attorney(s) appearing for the Case

Derek O. Teaney, Appalachian Mountain Advocates, Inc., J. Michael Becher, Appalachian Center for the Economy and the Environment, Lewisburg, WV, for Plaintiffs.

Benjamin L. Bailey, Kevin Wallace Barrett, Maigreade Bridget Burrus, Bailey & Glasser, Charleston, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

Pending before the Court is Defendant Austin Caperton's Motion to Dismiss (ECF No. 9). Plaintiffs filed a response in opposition to the Motion (ECF No. 10), and Defendant replied (ECF No. 11). The dispute is now ripe for review. For the following reasons, the...

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