Ohio Valley Environmental Coalition, Inc. v. Apogee Coal Co.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before this Court are the parties’ cross-motions for summary judgment (Docs. 56 and 59). For the reasons explained below, Plaintiffs’ cross-motion is GRANTED in part and DENIED in part. Defendants’ cross-motion is also GRANTED in part and DENIED in part. Also pending is Plaintiffs’ Motion for Leave to File Supplemental Exhibit to Their Cross Motion for Partial Summary Judgment and Declaratory and Injunctive Relief (Doc. 68). This motion is GRANTED.

Background

This suit revolves around the discharge of selenium from two…