Legal Opinion
West Virginia Highlands Conservancy v. Norton
District Court, S.D. West Virginia
Decided May 30, 2001No. CIV. A. 200-1062PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND PRELIMINARY INJUNCTION HEARING ORDER
HADEN, Chief Judge.
Pending is Plaintiffs motion for a preliminary injunction on Count 4 of the Complaint. For reasons discussed below, the Court DISMISSES this action against the Defendant Director (now Secretary) of the West Virginia Division of Environmental Protection (DEP) because it is barred by the Eleventh Amendment of the United States Constitution. Consequently, the Court lacks jurisdiction to entertain Plaintiffs motion for the injunction, and it is DENIED.
I. FACTUAL AND PROCEDURAL BACKGROUND
On November 14, 2000 Plaintiff…
2Cases cited6 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- Molinary v. Powell Mountain Coal Co.Court of Appeals for the Fourth Circuit · 1997
- DK Excavating, Inc. v. MianoWest Virginia Supreme Court · 2001
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3Cited by4 opinions
- OHIO VALLEY ENVIRONMENTAL COALITION, INC. v. Apogee Coal Co.District Court, S.D. West Virginia · 2008
- West Virginia Highlands Conservancy v. NortonDistrict Court, S.D. West Virginia · 2001
- West Virginia Highlands Conservancy v. NortonDistrict Court, S.D. West Virginia · 2002
- Ohio Valley Environmental Coalition v. CapertonDistrict Court, S.D. West Virginia · 2020