Ohio Valley Environmental Coalition, et al v. United States Army Corps of Engineers, et al
| Ohio Valley Environmental Coalition, Coal River Mountain Watch, West Virginia Highlands Conservancy and Sierra Club |
| United States Army Corps of Engineers, Robert L. Van Antwerp and Dana R. Hurst |
| 3:2008cv00979 |
| August 7, 2008 |
| US District Court for the Southern District of West Virginia |
| Environmental Matters Office |
| Lincoln |
| Robert C. Chambers |
| None |
| Federal Question |
| 42:4321 Review of Agency Action-Environment |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
288
MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiff's 264 MOTION for Summary Judgment, Defendant Loadout, LLC's 267 MOTION for Summary Judgment and Defendant Army Corps of Engineers' 275 CROSS-MOTION f or Summary Judgment; denying Plaintiffs' request to suspend mining activities; granting in part Plaintiffs' 264 MOTION for Summary Judgment as to Count One of their Fifth Supplemental Complaint; denying in part Loadout's 267 and th e Corps' 275 cross-motions for summary judgment as to Count One; remanding the re-issued permit to the Corps for the limited purpose of 1) reevaluating mitigation for Dave Fork and Wilderness Fork, and 2) properly responding to Plaintiffs' ; comments, especially those regarding stream creation; directing the Corps to provide to the Court and the parties by 4/11/2013, its proposed timeline for conducting its reevaluation and responding to Plaintiffs' comments; dismissing without prejudice Counts Two and Three and denying as moot the parties' motions for summary judgment on Counts Two and Three. Signed by Judge Robert C. Chambers on 3/28/2013. (cc: attys; any unrepresented parties) (mkw)
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Filing
243
ORDER granting 233 MOTION for TRO and the parties shall comply as ordered herein; terminating 233 MOTION for Hearing. Signed by Judge Robert C. Chambers on 5/18/2012. (cc: attys; any unrepresented party) (dcm)
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Filing
184
MEMORANDUM OPINION AND ORDER denying 171 MOTION for Relief from the Court's Order dated 11/24/2009. Signed by Judge Robert C. Chambers on 2/12/2010. (cc: attys; any unrepresented party) (skm) Modified on 2/16/2010 to correct typographical error (dcm).
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Filing
183
MEMORANDUM OPINION AND ORDER granting 175 MOTION for Rule 54(b) Certification as outlined in this Order; the Court Directs an entry of Judgment with regard to these claims addressed in 11/24/2009 Order; the parties may file a notice of appeal withi n 60 days of the entry of this Order on or before 03/29/2010; the Court Ordered the 11/24/2009 Order Stayed pending the resolution of the instant motion, the motion for 54(b) certification; the Court now Orders this Stay Extended pending resolution of Loadout's Rule 60(b) motion for relief. Signed by Judge Robert C. Chambers on 1/27/2010. (cc: attys; any unrepresented party) (skm)
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Filing
165
MEMORANDUM OPINION AND ORDER granting 112 MOTION for Partial Summary Judgment; granting in part and denying in part 115 MOTION for Summary Judgment; denying 135 MOTION for Partial Summary Judgment; granting 139 MOTION for Partial Summary Jud gment; and granting in part and denying in part and holding in abeyance 150 MOTION for Summary Judgment as set forth in this Order; because the Court finds the public notices for the Nellis and Ike Fork surface mines deficient, the Court Remands Pe rmit No. 200100895 (Loadout) and Permit No. 200400967 (Fola) to the Corps; the Court Stays the effect of this Opinion and Order for 60 days. Signed by Judge Robert C. Chambers on 11/24/2009. (cc: attys; any unrepresented party) (skm) Modified on 11/25/2009 to correct action taken on motions and to change text (dcm).
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