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Ohio Valley Envtl. Coalition v. Corps of Eng'rs

ELR Citation: 37 ELR 20264
Nos. No. 3:05-0784, (S.D. W. Va., 10/11/2007)

The district court granted a temporary restraining order and preliminary injunction against the Callisto Surface Mine in Boone County, West Virginia. Irreparable harm to the environment as a result of the mining is nearly certain, and the outcomes of related cases suggest a sufficient likelihood of success on the merits. The court is likely to find that the mitigation techniques set forth in the permits did not comport with the National Environmental Policy Act and the Clean Water Act, because they were inadequate to compensate for the loss of headwater streams caused by the mining and did not adequately assess the cumulative impacts of the U.S. Army Corps of Engineers’ actions. Further, the public’s interest is served by granting the injunction despite the economic costs and loss of jobs involved.