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).

Memorandum Opinion and Order

Pending is the defendant’s Motion to Dismiss (Doc. 20).  For the reasons explained below, the motion is DENIED.

Memorandum Opinion and Order

Before the Court are factual objections to the Presentence Investigation Report (PSR) and legal arguments contained in the Sentencing Memoranda of both parties [Dockets 144 and 147-1] as well as supplemental memoranda filed by both parties.   Also before the Court is the Motion by the United States to Seal Sentencing Memorandum [Docket 147].¹

Sentencing Memorandum and Statement of Reasons

In 2004, as the result of an extensive international investigation, federal authorities suspected the defendant, Bernard E. Raby, of being a consumer of child pornography.  On December 15, 2004, a search warrant was executed on Mr. Raby’s residence in Foster, West Virginia.  Mr. Raby met the authorities at his front door and agreed to be interviewed.  After waiving his constitutional rights, Mr. Raby admitted to possessing, on various electronic-storage devices, approximately 2000 sexually explicit images of underage boys.¹  Some of these images depicted prepubescent boys.  Mr. Raby also admitted to having engaged in sexual activity with juvenile boys on multiple occasions.  The authorities executed the search warrant and seized Mr. Raby’s computer and other related evidence.