In February 2009, a Fourth Circuit panel reversed two orders issued by District Court Judge Robert C. Chambers in the case of Ohio Valley Environmental Coalition, et al. v. United States Army Corps of Engineers, et al., Case No. 3:05-cv-00784 (S.D. W.Va.). See Ohio Valley Environmental Coalition, et al. v. Aracoma Coal Company, 556 F.3d 177 (4th Cir. 2009). The plaintiff, OVEC, subsequently moved for reconsideration en banc, which had the effect of delaying issuance of the Fourth Circuit mandate. Without issuance of the mandate, the Fourth Circuit’s February ruling does not take effect.
On May 29, 2009 the Fourth Circuit denied the motion for rehearing. However, before the mandate issued, OVEC moved for a stay of the mandate pending submission to the U.S. Supreme Court of a petition for certiorari. By order of June 16, however, the Fourth Circuit denied the motion for a stay of the mandate. The mandate will now issue on June 24, 2009 unless stayed by the United States Supreme Court.
This article was authored by Robert G. McLusky, Jackson Kelly PLLC. For more information on the author see here.