West Virginia Highlands Conservancy v. Southeastern Land, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION OHIO VALLEY ENVIRONMENTAL COALITION, WEST VIRGINIA HICHLANDS CONSERVANCY, WEST VIRGINIA RIVERS COALITION and SIERRA CLUB, Plaintiffs, v. CIVIL ACTION NO. 2:17-3013 FOLA COAL COMPANY, LLC, Defendant. MEMORANDUM OPINION AND ORDER Pending before the Court is Fola Coal Company, LLC’s (“Fola”) Motion to Dismiss. ECF No. 9. Fola argues that Plaintiffs’ claims should be dismissed because the doctrine of res judicata precludes them.1 As explained below, the Court believes that Plaintiffs’ claims present…