Legal Opinion

West Virginia Highlands Conservancy v. Norton

District Court, S.D. West Virginia

Decided March 18, 2002No. Civ.A. 2:00-1062PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiffs motions for (1) leave to file an amended and supplemental complaint, (2) injunctive relief on Count 8 of the Amended and Supplemental Complaint, (3) partial summary judgment and a permanent injunction on Counts 2 and 3, and (4) further injunctive relief on Count 3. Intervenor Defendant West Virginia Coal Association’s (WVCA’s) motion to dis miss also pends. For reasons discussed below, Plaintiffs motion to file an amended and supplemental complaint is GRANTED. All other motions are DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

2Cases cited19 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Heckler v. ChaneySupreme Court of the United States · 1985

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3Cited by3 opinions

  1. Center for Biological Diversity, Inc. v. de la VegaDistrict Court, N.D. California · 2021
  2. Conner v. Associated Radiologists, Inc.District Court, S.D. West Virginia · 2021
  3. West Virginia Highlands Conservancy v. NortonDistrict Court, S.D. West Virginia · 2003

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