District Court, S.D. West Virginia August 10, 2012, Civil Action No. 3:11-0149 (Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of Engineers)

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Plaintiffs1 challenge the decision by the United States Army Corps of Engineers (hereinafter “Army Corps” or simply “the Corps”) to issue an individual Clean Water Act (“CWA”) § 404 permit to Highland Mining Company (“Highland”) to discharge fill material into streams for the purpose of conducting surface coal mining activities at