Legal Opinion

Ohio Valley Environmental Coalition v. Hurst

District Court, S.D. West Virginia

Decided March 31, 2009No. Civil Action 3:03-2281PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

This case involves several environmental groups’ challenge to the Army Corps of Engineers’ (“Corps”) decision to issue a nationwide permit, NWP 21, authorizing the discharge of dredged and fill material associated with surface coal mining activities, which includes mountaintop mining. Under this controversial method of mining, coal seams running through the upper fraction of a mountain, ridge, or hill are reached by blasting and removing each layer of rock above the seam. The mountain is demolished layer by layer as each layer of rock…

2Cases cited56 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Spencer v. KemnaSupreme Court of the United States · 1998

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3Cited by19 opinions

  1. Kentucky Riverkeeper, Inc. v. Robert Rowlette, Jr.Court of Appeals for the Sixth Circuit · 2013
  2. Nieves v. McHughDistrict Court, E.D. North Carolina · 2015
  3. Guilford Coll. v. McAleenanDistrict Court, M.D. North Carolina · 2019
  4. Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of EngineersDistrict Court, S.D. West Virginia · 2012
  5. Hoffler v. HagelDistrict Court, E.D. North Carolina · 2015

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