Legal Opinion

Kentuckians for the Commonwealth, Inc. v. Rivenburgh

District Court, S.D. West Virginia

Decided June 17, 2002No. CIV.A.2:01-0770PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the motions of the Defendants, officers of the Army Corps of Engineers (“Corps”), and Intervenor-Defen-dants (together “Movants”) for a stay pending appeal and for clarification of the Court’s injunction order of May 8, 2002. Also pending are motions by Plaintiff for further injunctive relief and by Interve-nor-Defendant Kentucky Coal Association to dismiss for failure to join- a necessary party or, alternatively, to transfer venue.

I. BACKGROUND

Early in 2002 the parties cross-moved for summary judgment on Count One, which complained…

2Cases cited26 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  4. Califano v. YamasakiSupreme Court of the United States · 1979
  5. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987

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3Cited by6 opinions

  1. Kentuckians for the Commonwealth, Inc. v. RivenburghCourt of Appeals for the Fourth Circuit · 2003
  2. Ohio Valley Environmental Coalition v. BulenDistrict Court, S.D. West Virginia · 2004
  3. Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of EngineersDistrict Court, S.D. West Virginia · 2012
  4. Sierra Club v. Van AntwerpDistrict Court, S.D. Florida · 2009
  5. Kentuckians for the Commonwealth, Inc. v. RivenburghCourt of Appeals for the Fourth Circuit · 2003

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