Ohio Valley Environmental Coalition, Inc. et al v. Alex Energy, Inc. et al
||Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc. and Sierra Club
||Alex Energy, Inc., Aracoma Coal Co., Inc., Bandmill Coal Corp., Highland Mining Co., Independence Coal Co., Inc., Jacks Branch Coal Co. and Kanawha Energy Co.
||July 16, 2012
||West Virginia Southern District Court
||Robert C. Chambers
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|March 31, 2014
MEMORANDUM OPINION AND ORDER granting in part and denying in part defendants' 87 MOTION for partial summary judgment, consistent with the findings herein; granting in part and denying in part plaintiffs' 85 MOTION for partial summ ary judgment and for declaratory and injunctive relief and civil penalties against Bandmill; granting in part and denying in part Bandmill's 89 MOTION for partial summary judgment; granting in part and denying in part plaintiffs' 91 MOTION for partial summary judgment and for declaratory and injunctive relief and civil penalties against Aracoma, Highland, Independence, and Kanawha Energy; denying Highland's 93 MOTION for partial summary judgment; denying as moot p laintiffs' 119 Rule 37(c) MOTION to strike Exhibit 1 of Highland's reply brief in support of its motion for partial summary judgment; granting in part and denying in part plaintiffs' 83 MOTION for partial summary judgment and for declaratory and injunctive relief and civil penalties against Jacks Branch; granting Jacks Branch's 95 MOTION for partial summary judgment as to Outfall 015 of Jacks Branch's WV/NPDES Permit WV1012452; and holding in abeyan ce Jacks Branch's 133 MOTION for a partial stay pending entry of a consent decree; directing the parties to file a report regarding the status of the remaining claims, plans for disposition of those claims, and plans for phase II of this litigation within 21 days of the entry of this Memorandum Opinion and Order, and as directed and set forth more fully herein. Signed by Judge Robert C. Chambers on 3/31/2014. (cc: attys; any unrepresented parties) (taq)
|February 2, 2015
MEMORANDUM OPINION AND ORDER re: 176 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 100-102 of the Consent Decree. Signed by Judge Robert C. Chambers on 2/2/2015. (cc: counsel of record; any unrepresented parties) (taq)
|June 13, 2013
MEMORANDUM OPINION AND ORDER granting Plaintiff's 23 MOTION to Compel; denying Defendant's 29 MOTION for Partial Summary Judgment; granting Plaintiff's 39 MOTION for Relief under Federal Rule of Civil Procedure 56(d). Signed by Judge Robert C. Chambers on 6/13/2013. (cc: attys; any unrepresented party) (tmr)
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