Legal Opinion

Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of Engineers

District Court, S.D. West Virginia

Decided August 10, 2012No. Civil Action No. 3:11-0149PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Plaintiffs1 challenge the decision by the United States Army Corps of Engineers (hereinafter “Army Corps” or simply “the Corps”) to issue an individual Clean Water Act (“CWA”) § 404 permit to Highland Mining Company (“Highland”) to discharge fill material into streams for the purpose of conducting surface coal mining activities at the Reylas Surface Mine located in Logan County, West Virginia. In April 2011, this Court granted the Corps’ motion to remand the permit to the agency for reconsideration. In September 2011, the Corps…

2Cases cited14 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Camp v. PittsSupreme Court of the United States · 1973
  3. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  4. Natural Resources Defense Council, Inc. v. Rogers C. B. Morton, in His Official Capacity as Secretary of the Department of InteriorCourt of Appeals for the D.C. Circuit · 1972
  5. Ohio Valley Environmental Coalition v. Aracoma Coal Co.Court of Appeals for the Fourth Circuit · 2009

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3Cited by8 opinions

  1. Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of EngineersDistrict Court, S.D. West Virginia · 2012
  2. Kentuckians for the Commonwealth v. U.S. Army Corps of EngineersDistrict Court, W.D. Kentucky · 2013
  3. Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of EngineersCourt of Appeals for the Fourth Circuit · 2013
  4. Atchafalaya Basinkeeper v. U.S. Army Corps of Eng'rsDistrict Court, M.D. Louisiana · 2018
  5. Coal River Mountain Watch v. PutnamDistrict Court, S.D. West Virginia · 2025

3 more not listed; retrieve them via the Exa API.

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