Ohio Valley Environmental Coalition, Inc. et al v. Pruitt et al
Plaintiff: Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc. and West Virginia Rivers Coalition
Defendant: Gina McCarthy and Shawn M. Garvin
Case Number: 3:2015cv00271
Filed: January 7, 2015
Court: US District Court for the Southern District of West Virginia
Office: Huntington Office
County: Cabell
Presiding Judge: Robert C. Chambers
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 33 U.S.C. ยง 1319 Clean Water Act
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 15, 2020 Opinion or Order Filing 131 MEMORANDUM OPINION AND ORDER awarding Plaintiffs $100,648.45 in attorney's fees and $696.59 in costs, for a total of $101,345.04, calculated as more fully set forth herein. Signed by Judge Robert C. Chambers on 1/15/2020. (cc: counsel of record; any unrepresented parties) (jsa)
June 4, 2019 Opinion or Order Filing 127 MEMORANDUM OPINION AND ORDER granting in part Plaintiffs' 114 Motion for anAward of Attorney's Fees and Expenses, insofar as Plaintiffs are substantiallyprevailing and such an award is appropriate, and holding in abeyance, in part, as to the calculation of those fees and expenses. Signed by Judge Robert C. Chambers on 6/4/2019. (cc: counsel of record; any unrepresented parties) (jsa)
May 24, 2019 Opinion or Order Filing 126 MEMORANDUM OPINION AND ORDER denying Defendants' 120 Motion to Hold This Case in Abeyance and granting their 120 Alternative Motion to Extend Deadline for Supplemental Filing; directing that Defendants shall submit their supplemental brief no later than 6/7/2019; Plaintiffs may file a response to this supplemental brief no later than 6/14/2019. Signed by Judge Robert C. Chambers on 5/24/2019. (cc: counsel of record; any unrepresented parties) (jsa)
May 2, 2017 Opinion or Order Filing 99 MEMORANDUM OPINION AND ORDER denying 91 MOTION by Shawn M. Garvin, Gina McCarthy to Stay Pending Appeal; in accord with this Court's 96 Order Granting the Parties' Joint Motion, this Court's February Order compelling EPA to review the missing TMDL's is STAYED until fourteen days after the Fourth Circuit rules on EPA's request for a stay pending appeal from that Court. Signed by Judge Robert C. Chambers on 5/2/2017. (cc: attys; any unrepresented parties) (mkw)
February 14, 2017 Opinion or Order Filing 87 MEMORANDUM OPINION AND ORDER granting in part and denying in part Environmental Groups' 30 Motion for Summary Judgment; granting in part and denying in part EPA's 38 Cross Motion for Summary Judgment; EPA shall approve or disapprove WVD EP's constructive submission of no TMDL's for all biologically impaired bodies of water for which no TMDL has been developed to address that impairment within thirty days of this order; EPA shall inform the Court upon reaching its decision; the Court will retain jurisdiction of the case until EPA submits its decision. Signed by Judge Robert C. Chambers on 2/14/2017. (cc: attys; any unrepresented parties) (mkw)
September 9, 2016 Opinion or Order Filing 81 MEMORANDUM OPINION AND ORDER partially granting 30 MOTION by Ohio Valley Environmental Coalition, Inc., Sierra Club, West Virginia Highlands Conservancy, Inc., West Virginia Rivers Coalition for Summary Judgment; partially denying 38 CROSS-MOTION by Shawn M. Garvin, Gina McCarthy for Summary Judgment; the issues of CWA and APA liability and proper relief, remain pending. Signed by Judge Robert C. Chambers on 9/9/2016. (cc: attys; any unrepresented parties) (mkw)
June 17, 2016 Opinion or Order Filing 62 MEMORANDUM OPINION AND ORDER denying EPA's 57 MOTION for Reconsideration; clarifying the scope of the Order to supplement; granting EPA's 54 PARTIALLY UNOPPOSED MOTION for Extension of Time; EPA must supplement the administrative record by 6/24/2016; amending the briefing schedule for the cross-summary motions as follows, as more fully set forth herein. Signed by Judge Robert C. Chambers on 6/17/2016. (cc: attys; any unrepresented parties) (mkw)
May 10, 2016 Opinion or Order Filing 51 MEMORANDUM OPINION AND ORDER granting Plaintiffs' 45 UNOPPOSED MOTION to supplement the administrative record, but denying Plaintiffs' request for discovery, as more fully set forth herein. Signed by Judge Robert C. Chambers on 5/10/2016. (cc: attys; any unrepresented parties) (mkw)
December 14, 2015 Opinion or Order Filing 32 MEMORANDUM OPINION AND ORDER denying 20 MOTION by West Virginia Coal Association to Intervene as a Defendant; granting WVCA amicus curiae status pursuant to the Court's order as more fully set forth herein. Signed by Judge Robert C. Chambers on 12/14/2015. (cc: counsel of record; any unrepresented parties) (jsa)
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Plaintiff: Ohio Valley Environmental Coalition, Inc.
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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Plaintiff: West Virginia Highlands Conservancy, Inc.
Represented By: Joseph Mark Lovett
Represented By: Derek O. Teaney
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Plaintiff: West Virginia Rivers Coalition
Represented By: Joseph Mark Lovett
Represented By: Derek O. Teaney
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Defendant: Gina McCarthy
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Defendant: Shawn M. Garvin
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