Ohio Valley Environmental Coalition et al v. Fola Coal Company, LLC

Plaintiff: Ohio Valley Environmental Coalition, West Virginia Highlands Conservancy and Sierra Club
Defendant: Fola Coal Company, LLC
Case Number: 2:2013cv05006
Filed: March 13, 2013
Court: West Virginia Southern District Court
Office: Charleston Office
County: Clay
Presiding Judge: Robert C. Chambers
Nature of Suit: Environmental Matters
Cause of Action: 30:1270 Surface Mining Control & Reclamation Act
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
October 14, 2015 167 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER directing that injunctive relief is appropriate and necessary to remedy Defendants violations; the Court is inclined to appoint a Special Master to further assist it in determining an appropriate remedy; objections to thi s notice of appointment are due 10/19/2015; directing Defendant to submit a memorandum of law by 10/21/2015 addressing the authority and regulatory scheme under the Federal Water Pollution Control Act on which Defendant relies in arguing that water m anagement strategies are in compliance with the Act and, if successful, can bring Defendant into compliance with narrative water quality standards; Plaintiffs' response due 10/28/2015. Signed by Judge Robert C. Chambers on 10/14/2015. (cc: counsel of record; any unrepresented parties) (tmh)
April 8, 2015 131 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER denying Defendant's 124 MOTION to Certify Order for Immediate Appeal; and denying the motion for an order staying these proceedings. Signed by Judge Robert C. Chambers on 4/8/2015. (cc: counsel of record; any unrepresented parties) (taq)
January 27, 2015 123 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER finding that Plaintiffs have established, by a preponderance of the evidence, that Defendant has committed at least one violation of its permits by discharging into Stillhouse Branch high levels of ionic pollution, whi ch have caused or materially contributed to a significant adverse impact to the chemical and biological components of the stream's aquatic ecosystem, in violation of the narrative water quality standards incorporated into those permits. Signed by Judge Robert C. Chambers on 1/27/2015. (cc: attys; any unrepresented parties) (taq)
September 30, 2014 114 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER denying Defendant's oral Motion for Judgment on Partial Findings. Signed by Judge Robert C. Chambers on 9/30/2014. (cc: counsel of record; any unrepresented party) (taq)
July 30, 2014 80 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting plaintiffs' 55 MOTION for Partial Summary Judgment on Jurisdictional Issues; denying defendant's 57 MOTION for Summary Judgment; granting summary judgment in favor of plaintiffs on the issue of jurisdiction. Signed by Judge Robert C. Chambers on 7/30/2014. (cc: counsel of record; any unrepresented parties) (taq)

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Search for this case: Ohio Valley Environmental Coalition et al v. Fola Coal Company, LLC
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Plaintiff: Ohio Valley Environmental Coalition
Represented By: Joseph Mark Lovett(Designation Retained)
Represented By: Derek O. Teaney(Designation Retained)
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Plaintiff: West Virginia Highlands Conservancy
Represented By: Joseph Mark Lovett(Designation Retained)
Represented By: Derek O. Teaney(Designation Retained)
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Plaintiff: Sierra Club
Represented By: Joseph Mark Lovett(Designation Retained)
Represented By: Derek O. Teaney(Designation Retained)
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Defendant: Fola Coal Company, LLC
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