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Huffman v. United States Environmental Protection Agency

ELR Citation: 41 ELR 20086
Nos. No. 2:10-01189, (S.D. W. Va., 01/31/2011)

A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C. District Court for consolidation with another case filed by a mining industry trade association involving the same issues and defendants. Transfer and consolidation is warranted because all of the complaints challenge the same agency actions, they raise common questions of law and fact, they assert identical claims, and they seek identical relief. In addition, the considerable weight of West Virginia's forum choice cannot withstand the confluence of negative effects likely to result were the case to remain in the district court for the Southern District of West Virginia. The balance is thus struck strongly in favor of the defendants' request to transfer.