Club v. ICG Eastern, LLC

MEMORANDUM OPINION AND ORDER

JOHN PRESTON BAILEY, District Judge.

Currently pending before this Court is Defendant ICG Eastern, LLC’s (“ICG”) Motion to Dismiss [Doc. 6], filed April 25, 2011. The plaintiff responded to the Motion to Dismiss on May 12, 2011 [Doc. 9], and the defendant replied on May 23, 2011 [Doc. 10]. The Court has reviewed the record and the arguments set forth by the parties and, for the reasons set forth below, concludes that the Motion to Dismiss should be GRANTED.

BACKGROUND

I. Regulatory Structure

Plaintiffs’ claims are brought pursuant to the provisions for “citizen suits”…