Graham v. West Virginia (In Re War Eagle Construction Co.)

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Defendants/Appellants Michael 0. Callaghan, Secretary of the West Virginia Division of Environmental Protection (“DEP”), and the State of West Virginia appeal two orders of the Bankruptcy Court. The first order denied Defendants’ motion for summary judgment and granted the cross-motion for summary judgment filed by the debtor’s Trustee, H. Lynden Graham, Jr. The second order denied Defendants’ motion to dismiss based on Eleventh Amendment immunity and granted the Trustee’s motion for attorneys’ fees and costs. For reasons set forth below, the…