Order

Pending before the court is the parties’ joint motion for vacatur pursuant to Federal Rule of Civil Procedure 60(b)(6).  For the following reasons, the motion is DENIED.

Memorandum Opinion and Order

Plaintiffs brought this action seeking declaratory relief that the U.S. Army Corps of Engineers violated the Clean Water Act and the National Environmental Policy Act in issuing four permits to fill headwater streams in conjunction with mountaintop removal coal mining.  Plaintiffs request injunctive relief to prevent the conduct authorized under these permits and seek judicial review of the agency’s decisions under the Administrative Procedure Act.  For the reasons stated below, the Court GRANTS judgment in favor of Plaintiffs, RESCINDS the permits and decisions, ENJOINS Defendants and Intervenors from all activities authorized under those permits, and REMANDS the permits to the Corps for further proceedings consistent with this Memorandum Opinion and Order.

Memorandum Opinion and Judgement Order on Motion to Dismiss

Pending before the court is defendant Jennifer Meadows’ motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6).  (Doc. No. 7.)  For the reasons set forth below, defendant’s motion is hereby GRANTED.

Memorandum Opinion and Order

Pending before the court is the petitioner’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 [Docket 338].  This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B).  The Magistrate Judge has submitted findings of fact and has recommended that the court grant the petitioner’s § 2255 motion. Neither party filed objections to the Magistrate Judge’s findings and recommendation.