248 F.3d 275 (4th Cir. 2001), 99-2443, Bragg v. Moore

• Docket Nº: 99-2443 No. 99-2445 No. 99-2446 No. 99-2447 No. 99-2448 No. 99-2683 No. 00-1338 No. 00-1339
• Citation: 248 F.3d 275
• Party Name: PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees, and TOMMY MOORE; VICTORIA MOORE, Plaintiffs, v. WEST VIRGINIA COAL ASSOCIATION;WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION, Intervenors/DefendantsAppellants, and DANA ROBERTSON, Co
• Case Date: April 24, 2001
• Court: United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 275

248 F.3d 275 (4th Cir. 2001)

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

WEST VIRGINIA COAL ASSOCIATION;WEST VIRGINIA MINING AND

RECLAMATION ASSOCIATION, Intervenors/DefendantsAppellants,

and

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief to the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers,

Page 276

Huntington District; MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendants,

and

HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGOLOGAN COAL COMPANY; WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED; INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA; FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED, Intervenors/DefendantsAppellants,

and

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District; MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendants,

and

WEST VIRGINIA COAL ASSOCIATION; WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION; HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGO-LOGAN COAL COMPANY; INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA; FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W.WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendant-Appellant, and DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D.

Page 277

GHEEN, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, Defendants,

and

WEST VIRGINIA COAL ASSOCIATION; WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION; HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGO-LOGAN COAL COMPANY; WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED; INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA; FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenor/DefendantAppellant,

and

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District; MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendants,

and

WEST VIRGINIA COAL ASSOCIATION; WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION; HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGO-LOGAN COAL COMPANY; WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA; FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGOLOGAN COAL COMPANY, Intervenors/Defendants-Appellants,

Page 278

and

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District; MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendants,

and

WEST VIRGINIA COAL ASSOCIATION; WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION; WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED; INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA;FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General,Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief of the Regulatory Branch, Operations and Readiness Division,U.S. Army Corps of Engineers, Huntington District, Defendants-Appellants,

and

MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendant,

and

WEST VIRGINIA COAL ASSOCIATION; WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION; HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGO-LOGAN COAL COMPANY; WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED; INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA; FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

Page 279

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

WEST VIRGINIA COAL ASSOCIATION; WEST VIRGINIA MINING AND RECLAMATION ASSOCIATION, Intervenors/DefendantsAppellants,

v.

MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendant-Appellee,

and

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief of the Regulatory Branch, Operations and Readiness Division, U.S. Army Corps of Engineers, Huntington District, Defendants,

and

HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGOLOGAN COAL COMPANY; WESTERN POCAHONTAS PROPERTIES LIMITED PARTNERSHIP; NATIONAL COUNCIL OF COAL LESSORS, INCORPORATED; INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA, Intervenors/Defendants.

NATIONAL MINING ASSOCIATION; AEI RESOURCES, INC.; WASHINGTON LEGAL FOUNDATION; ALLIED EDUCATIONAL FOUNDATION; INTERSTATE MINING COMPACT COMMISSION; COMMONWEALTH OF VIRGINIA; FRIENDS OF THE EARTH; KENTUCKY RESOURCES COUNCIL, INC., Amici Curiae.

PATRICIA BRAGG; JAMES W. WEEKLEY; SIBBY R. WEEKLEY; WEST VIRGINIA HIGHLANDS CONSERVANCY; CARLOS GORE; LINDA GORE; CHERYL PRICE; JERRY METHENA, Plaintiffs-Appellees,

and

TOMMY MOORE; VICTORIA MOORE, Plaintiffs,

v.

HOBET MINING, INCORPORATED; CATENARY COAL COMPANY; MINGOLOGAN COAL COMPANY, Intervenors/Defendants-Appellants,

v.

MICHAEL C. CASTLE, Director, West Virginia Division of Environmental Protection, Defendant-Appellee,

and

DANA ROBERTSON, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; JOE N. BALLARD, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; MICHAEL D. GHEEN, Chief ...