Ohio Valley Environmental Coalition, Inc. et al v. Consol of Kentucky, Inc.

Defendant: Consol of Kentucky, Inc.
Plaintiff: West Virginia Highlands Conservancy, Inc., Sierra Club and Ohio Valley Environmental Coalition, Inc.
 
Case Number: 2:2013cv05005
Filed: March 13, 2013
 
Court: West Virginia Southern District Court
Office: Charleston Office
County: Mingo
Presiding Judge: Robert C. Chambers
 
Nature of Suit: Environmental Matters
Cause of Action: 30:1270 Surface Mining Control & Reclamation Act
Jury Demanded By: None

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Date Filed#Document Text
April 30, 2014 79 Featured Case 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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Defendant: Consol of Kentucky, Inc.
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Plaintiff: West Virginia Highlands Conservancy, Inc.
Represented By: Derek O. Teaney(Designation Retained)
Represented By: Joseph Mark Lovett(Designation Retained)
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Plaintiff: Sierra Club
Represented By: Derek O. Teaney(Designation Retained)
Represented By: Joseph Mark Lovett(Designation Retained)
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Plaintiff: Ohio Valley Environmental Coalition, Inc.
Represented By: Derek O. Teaney(Designation Retained)
Represented By: Joseph Mark Lovett(Designation Retained)
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