Legal Opinion

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

District Court, S.D. West Virginia

Decided March 23, 2007No. Civil Action 3:05-0784PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CHAMBERS, District Judge.

Plaintiffs brought this action seeking declaratory relief that the U.S. Army Corps of Engineers violated the Clean Water Act and the National Environmental Policy Act in issuing four permits to fill headwater streams in conjunction with mountaintop removal coal mining. Plaintiffs request injunctive relief to prevent the conduct authorized under these permits and seek judicial review of the agency’s decisions under the Administrative Procedure Act. For the reasons stated below, the Court GRANTS judgment in favor of Plaintiffs, RESCINDS the…

2Cases cited61 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983

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3Cited by7 opinions

  1. Ohio Valley Environmental Coalition v. Aracoma Coal Co.Court of Appeals for the Fourth Circuit · 2009
  2. Ohio Valley Environmental Coalition v. HurstDistrict Court, S.D. West Virginia · 2009
  3. Environmental Defense v. U.S. Army Corps of EngineersDistrict Court, District of Columbia · 2007
  4. Ohio Valley Environmental Coalition, Inc. v. Coal-Mac, Inc.District Court, S.D. West Virginia · 2011
  5. Sierra Club v. StrockDistrict Court, S.D. Florida · 2007

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