West Virginia Highlands Conservancy v. Norton

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are 1) Plaintiffs motion for partial summary judgment and a permanent injunction on Counts One, Two, and/or Three and 2) Defendants Norton and Ow ens’ (Federal Defendants’) motion to dismiss. For reasons discussed below, the Federal Defendants’ motion is DENIED, Plaintiffs motion for partial summary-judgment on Counts Two and Three is GRANTED, and the remaining motions are DENIED as moot.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff West Virginia Highlands Conservancy (Conservancy) brought this civil action under the citizen suit…