Legal Opinion
Ohio Valley Environmental Coalition, Inc. v. Hernshaw Partners, LLC
District Court, S.D. West Virginia
Decided December 2, 2013No. Civil Action No. 2:13-cv-14851PublishedCited by 12 opinions
1Opinion of the Court
*592MEMORANDUM OPINION & ORDER
JOSEPH R. GOODWIN, District Judge.
Pending before the court is the plaintiffs’ Motion for Leave to File Amended Complaint for Declaratory and Injunctive Relief and for Civil Penalties [Docket 19]. For the reasons stated below, the plaintiffs’ motion is GRANTED. The plaintiffs are DIRECTED to file their proposed amended complaint within ten days of this Order.
Also pending before the court is the defendant’s Rule 12(b)(1) Motion to Dismiss [Docket 11] and Rule 12(b)(6) Motion to Dismiss [Docket 13]. For the reasons stated below, these motions are DENIED.
I. Background
The…
2Cases cited44 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Papasan v. AllainSupreme Court of the United States · 1986
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
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3Cited by12 opinions
- Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLCDistrict Court, M.D. North Carolina · 2015
- Sierra Club v. Va. Elec. & Power Co.Court of Appeals for the Fourth Circuit · 2018
- Sierra Club v. Virginia Electric & Power Co.District Court, E.D. Virginia · 2017
- Tennessee Clean Water Network v. Tennessee Valley AuthorityDistrict Court, M.D. Tennessee · 2017
- Conservation Law Foundation, Inc. v. New Hampshire Fish and Game Department, et al.District Court, D. New Hampshire · 2020
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