Order Specifying Relief

On September 1, 2010, the Court entered an Order granting Plaintiffs’ Motion for Contempt and denying Defendant’s Motion to Modify. That Order addressed part of the relief granted but reserved the balance of any relief pending further consideration by the Court.  Since then, the parties have submitted proposals and other information in response to the Order.  Contemporaneously with this Order Specifying Relief, the Court has entered a Memorandum Opinion and Order explaining in more detail the basis for the Court’s decision.  The Court grants additional relief to supplement the relief granted in its September 1, 2010 Order, the provisions of which are incorporated herein. Therefore, the Court ORDERS as follows:

Memorandum Opinion and Order

The Court has reviewed Defendant’s Objection to Order Quashing Rule 17(c) Subpoena [Docket 244].  The Court has also reviewed Victim’s Response to Defendant’s Objection [Docket 256]; Defendant’s Reply to Victim’s Response [Docket 259]; and Victim’s Supplemental Response [Docket 263].  After careful consideration, the Court affirms the July 20, 2010, Memorandum Opinion and Order [Docket 234] of United States Magistrate Judge R. Clarke VanDervort, and accordingly denies Defendant’s objections and orders the Court’s Subpoena dated June 4, 2010, quashed.

Memorandum Opinion and Order

Pending before the court is the Motion to Dismiss [Docket 18] by the defendant, Birchenough Mortgage Services, Inc. (“BMS”).  By its motion, BMS asks the court to dismiss this case for improper venue.  BMS alternatively asks that this case be transferred to the United States District Court for the Northern District of West Virginia.  The Motion is DENIED.

Memorandum Opinion and Order

This suit, brought on October 23, 2009, and as amended November 9, 2009, seeks declaratory judgment and injunctive relief based on alleged violations of: (1) the  effluent limits for selenium in WV/NPDES Permit 1022911, and (2) the performance standards and terms and conditions of surface mining permit S-5008-06.  Pending before the Court are Plaintiffs Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., and Sierra Club’s (“Plaintiffs”) Motion for Summary Judgment, Declaratory Relief, and Injunctive Relief (Doc. 7) and Defendant Hobet Mining LLC’s (“Hobet”) Motion to Dismiss (Doc. 18).