Ohio Valley Environmental Coalition et al v. Elk Run Coal Company, Inc. et al

Plaintiff: Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy and Sierra Club
Defendant: Elk Run Coal Company, Inc. and Alex Energy, Inc.
 
Case Number: 3:2012cv00785
Filed: March 20, 2012
 
Court: West Virginia Southern District Court
Office: Huntington Office
County: Cabell
Presiding Judge: Robert C. Chambers
Referring Judge: Cheryl A. Eifert
 
Nature of Suit: Environmental Matters
Cause of Action: 33:1365
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
January 3, 2014 103 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER denying Defendants' 59 MOTION for Summary Judgment. Signed by Judge Robert C. Chambers on 1/3/2014. (cc: attys; any unrepresented parties) (mkw)
June 4, 2014 110 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER The Court finds that Plaintiffs have established statutory jurisdiction under both the Clean Water Act and the Surface Mining Control and Reclamation Act; the Court Finds that Plaintiffs have established, by a preponderan ce of the evidence, that each Defendant has committed at least one violation of its permits by discharging into Laurel Creek or Robinson Fork high levels of ionic pollution, which have caused or materially contributed to a significant adverse impact to the chemical and biological components of the applicable stream's aquatic ecosystem, in violation of the narrative water quality standards that are incorporated into those permits; the Court also Finds that Plaintiffs have established statutory jurisdiction under both the CWA and the SMCRA. Signed by Judge Robert C. Chambers on 6/4/2014. (cc: attys; any unrepresented party) (skm) (Modified on 6/4/2014 to remove and replace page one pursuant to the 111 Order) (skh).
September 17, 2014 125 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 115 MOTION to Certify Order for Immediate Appeal; granting that portion of defendants' Motion to Certify Order for Immediate Appeal requesting amendment o f this Court's 1/3/2014 103 Memorandum Opinion and Order and 6/4/2014 110 Memorandum Opinion and Order to include certification for appeal, and denying that portion of defendants' Motion to Certify Order for Immediate Appeal requestin g a stay in the current proceedings; the motion for certification, pursuant to 28 U.S.C. § 1292(b), for immediate appeal of the denial of defendants' motion for summary judgment is granted and the Court's Orders of 11/25/2013 an d 1/3/2014 are modified to include the following additional paragraph, as set forth more fully herein; the motion for certification, pursuant to 28 U.S.C. § 1292(b), for immediate appeal of this Court's Order issued at the close of Phase I proceedings and finding defendants liable for committing at least one violation of its permits is granted and the Court's Order of 6/4/2014 is modified to include the following additional paragraph, and as set forth more fully herein. Signed by Judge Robert C. Chambers on 9/17/2014. (cc: attys; any unrepresented parties) (taq)
April 11, 2013 44 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER denying 33 MOTION for Protective Order; denying 34 MOTION to Seal and denying 31 MOTION to Seal; the Clerk of Court is Ordered to unseal Documents 31 , 34 , 35 , 36 , 37 , 38 and all attachemnts thereto; the Clerk shall delay implementation of the order to unseal until Monday, 04/29/2013 to allow Defendants an opportunity to appeal the order and request a stay from the Presiding District Judge. Signed by Magistrate Judge Cheryl A. Eifert on 4/11/2013. (cc: attys; any unrepresented party) (skm)
November 26, 2013 87 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting Plaintiff's 57 MOTION for Partial Summary Judgment on Jurisdictional Issues. Signed by Judge Robert C. Chambers on 11/26/2013. (cc: attys; any unrepresented parties) (mkw)

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Plaintiff: Ohio Valley Environmental Coalition
Represented By: Derek O. Teaney
Represented By: Joseph Mark Lovett
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Plaintiff: West Virginia Highlands Conservancy
Represented By: Joseph Mark Lovett
Represented By: Derek O. Teaney
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Plaintiff: Sierra Club
Represented By: Joseph Mark Lovett
Represented By: Derek O. Teaney
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Defendant: Elk Run Coal Company, Inc.
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Defendant: Alex Energy, Inc.
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