Ohio Valley Environmental Coalition, Inc. et al v. Consol of Kentucky, Inc.
| Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc. and Sierra Club |
| Consol of Kentucky, Inc. |
| 2:2013cv05005 |
| March 13, 2013 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Mingo |
| Robert C. Chambers |
| Environmental Matters |
| 30 U.S.C. ยง 1270 Surface Mining Control & Reclamation Act |
| None |
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Filing
94
MEMORANDUM OPINION AND ORDER re: 91 Notice of Lodging of Proposed Consent Decree; directing that the Consent Decree be entered with the Court's approval on this date; with the entry of this decree, the Court ORDERS that this action be dism issed and stricken from the active docket, with the Court retaining jurisdiction over this case as set forth in Paragraphs 39-40 of the Consent Decree. Signed by Judge Robert C. Chambers on 2/2/2015. (cc: counsel of record; any unrepresented party) (taq)
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Filing
79
MEMORANDUM OPINION AND ORDER granting in part and denying in part plaintiffs' 42 MOTION for partial summary judgment and for declaratory and injunctive relief and civil penalties; granting plaintiffs' motion as to defendant's liabi lity for selenium violations but denying as premature, without prejudice, plaintiffs' claims for declaratory and injunctive relief and civil penalties; those claims will be resolved in phase II of this litigation; denying defendant's [44 ] MOTION for Summary Judgment, denying as premature, without prejudice, defendant's arguments relating to plaintiffs' claims for relief; arguments regarding mootness will be resolved in phase II; the parties to file a Rule 26(f) report regarding phase II of this litigation within 21 days from the entry of this Memorandum Opinion and Order. Signed by Judge Robert C. Chambers on 4/30/2014. (cc: attys; any unrepresented parties) (taq)
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