Legal Opinion
OHIO VALLEY ENVIRONMENTAL COALITION, INC. v. Apogee Coal Co.
District Court, S.D. West Virginia
Decided January 24, 2008No. Civil Action 3:07-0413PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS, District Judge.
Pending before this Court is Defendant’s Motion to Dismiss (Doc. 24) and a Supplemental Motion to Dismiss Hobet Mining, LLC for Lack of Subject Matter Jurisdiction (Doc. 38). A hearing was held on these motions, January 7, 2007. For the reasons explained below, the Motion to Dismiss (Doc. 24) is DENIED; the Supplemental Motion to Dismiss (Doc 38) is DENIED without prejudice.
Factual and Procedural Background
Plaintiffs brought suit alleging the illegal discharge of selenium from mining operations owned by defendants Apogee Coal…
2Cases cited34 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
29 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ohio Valley Environmental Coalition, Inc. v. Maple Coal Co.District Court, S.D. West Virginia · 2011
- Ohio Valley Environmental Coalition, Inc. v. Hobet Mining, LLCDistrict Court, S.D. West Virginia · 2010
- American Forest Resource Council v. AsheDistrict Court, District of Columbia · 2013
- Riverkeeper, Inc. v. Mirant Lovett, LLCDistrict Court, S.D. New York · 2009
- Sierra Club v. Virginia Electric & Power Co.District Court, E.D. Virginia · 2015
9 more not listed; retrieve them via the Exa API.