Ohio Valley Environmental Coalition, Inc. et al v. Consol of Kentucky, Inc.
||Consol of Kentucky, Inc.
||West Virginia Highlands Conservancy, Inc., Sierra Club and Ohio Valley Environmental Coalition, Inc.
||March 13, 2013
||West Virginia Southern District Court
||Robert C. Chambers
|Nature of Suit:
|Cause of Action:
||30:1270 Surface Mining Control & Reclamation Act
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|April 30, 2014
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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