United States Fourth Circuit
Ohio River Valley Envtl. Coalition, Inc. v. Green Valley Coal Co., 06-1475
Award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act is affirmed as to the preliminary injunction phase of the litigation, however, fees awarded for the supplemental claims phase is vacated as that award includes fees for plaintiffs' efforts in the administrative arena, which are not recoverable under 30 U.S.C. section 1270(d).
Appellate Information
- Decided 12/19/2007
- Published 12/19/2007
Judges
- Before MICHAEL and MOTZ, Circuit Judges, and JOSEPH F. ANDERSON, JR., United States District Judge for the District of South Carolina, sitting by designation.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Robert Gale McLusky, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellant. Walton Davis Morris, Jr., Charlottesville, Virginia, for Appellees. ON BRIEF: Erin E. Magee, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Appellant.