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Legal Opinion

Bragg v. Robertson

District Court, S.D. West Virginia

Decided October 20, 1999No. Civ.A. 2:98-0636PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross-motions for summary judgment on Counts 2 and 3 of the Second Amended Complaint. 1 For reasons discussed more fully below, the Court GRANTS Plaintiffs’ motion and DENIES Defendants’ motion.

I. PROCEDURAL AND FACTUAL BACKGROUND

These motions address a relatively small, but critical portion of an extended civil action concerning the form of surface coal mining commonly known as “mountaintop removal” mining.

Following extensive hearings on a proposed surface mining permit for the Hobet Spruce Fork mine, which the Court considered as an…

2Cases cited19 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Hans v. LouisianaSupreme Court of the United States · 1890
  4. Alden v. MaineSupreme Court of the United States · 1999
  5. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945

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3Cited by8 opinions

  1. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Associationwest Virginia Mining and Reclamation Association, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief to the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendantsappellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James w.weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. International Union, United Mine Workers of America, Intervenor/defendantappellant, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginiafriends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General,chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness division,u.s. Army Corps of Engineers, Huntington District, and Michael C. Castle, Director, West Virginia Division of Environmental Protection, and West Virginia Coal Association West Virginia Mining and Reclamation Association Hobet Mining, Incorporated Catenary Coal Company Mingo-Logan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. West Virginia Coal Association West Virginia Mining and Reclamation Association, Intervenors/defendantsappellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici Curiae. Patricia Bragg James W. Weekley Sibby R. Weekley West Virginia Highlands Conservancy Carlos Gore Linda Gore Cheryl Price Jerry Methena, and Tommy Moore Victoria Moore v. Hobet Mining, Incorporated Catenary Coal Company Mingologan Coal Company, Intervenors/defendants-Appellants v. Michael C. Castle, Director, West Virginia Division of Environmental Protection, and Dana Robertson, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District Joe N. Ballard, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers Michael D. Gheen, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, and West Virginia Coal Association West Virginia Mining and Reclamation Association Western Pocahontas Properties Limited Partnership National Council of Coal Lessors, Incorporated International Union, United Mine Workers of America, Intervenors/defendants. National Mining Association Aei Resources, Inc. Washington Legal Foundation Allied Educational Foundation Interstate Mining Compact Commission Commonwealth of Virginia Friends of the Earth Kentucky Resources Council, Inc., Amici CuriaeCourt of Appeals for the Fourth Circuit · 2001
  2. Ohio Valley Environmental Coalition v. HurstDistrict Court, S.D. West Virginia · 2009
  3. Bragg v. RobertsonDistrict Court, S.D. West Virginia · 2000
  4. Kentuckians for the Commonwealth, Inc. v. RivenburghDistrict Court, S.D. West Virginia · 2002
  5. Ohio Valley Environmental Coalition v. United States Army Corps of EngineersDistrict Court, S.D. West Virginia · 2007

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