Legal Opinion

West Virginia Highlands Conservancy, Inc. v. Huffman

District Court, S.D. West Virginia

Decided August 24, 2009No. Civil Action 2:07-0410PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is the motion of the plaintiffs for summary judgment and declaratory and injunctive relief, filed March 12, 2008. For the reasons that follow, the motion is granted.

I

Surface coal mining operations in West Virginia can be said to fall in one of three categories: (1) abandoned mine lands which completed operations prior to the passage of the Surface Mining Control and Reclamation Act of 1977 (“SMCRA”), 30 U.S.C. §§ 1201 through 1328; (2) active or completed operations, which were started or bond released since SMCRA’s…

2Cases cited34 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  5. Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997

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3Cited by7 opinions

  1. West Virginia Highlands Conservancy, Inc. v. HuffmanCourt of Appeals for the Fourth Circuit · 2010
  2. Black Warrior River-Keeper, Inc. v. Drummond Co.District Court, N.D. Alabama · 2019
  3. Courtland Company, Inc. v. Union Carbide Corporation (Courtland III)District Court, S.D. West Virginia · 2022
  4. Courtland Company, Inc. v. Union Carbide Corporation (Courtland IV)District Court, S.D. West Virginia · 2022
  5. Forward, Inc. v. MacOmberCourt of Appeals for the Ninth Circuit · 2026

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