West Virginia Highlands Conservancy v. Norton

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the motion of Defendant Director, West Virginia Division of Environmental Protection (DEP, the State Defendant) to dismiss this action because, inter alia, it is barred by the Eleventh Amendment of the United States Constitution. 2 The motion is DENIED.

I. FACTUAL AND PROCEDURAL BACKGROUND

Allegations in the Complaint are taken to be true for purposes of this motion. Plaintiff is a nonprofit statewide conservation organization. Defendants Norton and Owens (Federal Defendants) administer, oversee, and enforce the provisions of the Surface…