890 F. Supp. 2d 688
S.D.W. Va2012Background
- Plaintiffs challenged the Army Corps of Engineers’ issuance of a §404 permit to Highland for stream filling at Reylas Surface Mine, WV.
- Court remanded in 2011; Corps reinstated the permit in September 2011; case proceeded with cross-motions for summary judgment.
- Court denied partial summary judgment in 2012 and granted remaining cross-motions; plaintiffs appealed to the Fourth Circuit.
- Plaintiffs sought an injunction pending appeal and an emergency injunction; hearings occurred in August 2012 and stays were extended.
- Court denied the injunction pending appeal but extended the stay for 14 days to allow appellate relief; the decision discusses the stay standard and four-factor test.
- Court concludes plaintiffs fail to show likelihood of success on the merits, balancing of harms and public interest favor the injunction temporary relief, but lack of likelihood defeats the stay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Likelihood of success on the merits on appeal | Plaintiffs argue they will likely prevail on merits on appeal | Defendants argue Corps appropriately considered record; Ohio Valley controls | Plaintiffs not likely to prevail on merits |
| Irreparable harm without relief | Environmental harm from stream filling is irreparable | Harm to Highland should be weighed; environmental harm weighs in favor of relief | Irreparable environmental harm likely |
| Balance of hardships | Harm to environment outweighs economic delay to Highland | Economic harm to Highland and delay costs should be considered | Plaintiffs' harm outweighs defendants' harm |
| Public interest | Public interest supports environmental protection and proper permitting | Public interest also supports economic activity and regulatory processes | Public interest weighs in favor of injunction |
Key Cases Cited
- Winter v. NRDC, 555 U.S. 7 (U.S. 2008) (four-part preliminary injunction test requiring likelihood of success, irreparable harm, balance of equities, public interest)
- Real Truth About Obama, Inc. v. FEC, 575 F.3d 342 (4th Cir. 2009) (adopted Winter framework for preliminary injunctions; discusses differences from Blackwelder)
- Blackwelder Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189 (4th Cir. 1977) (balance-of-hardship approach; stay-pending-appeal standard described)
- Scripps-Howard Radio, Inc. v. FCC, 316 U.S. 4 (U.S. 1942) (stay powers as traditional equitable relief)
- Virginia Petroleum Jobbers Ass’n v. Fed. Power Comm’n, 259 F.2d 921 (D.C. Cir. 1958) (four-factor stay test origin)