Murray Energy Corporation et al v. Administrator of Environmental Protection Agency, No. 5:2014cv00039 - Document 293 (N.D.W. Va. 2016)

Court Description: MEMORANDUM OPINION AND ORDER DENYING THE UNITED STATES' NEW 204 MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT IN FAVOR OF THE PLAINTIFFS. 266 United States' First Motion in Limine to Exclude the Expert Report and Related Testimony of Plaintiffs' Expert, Anne E. Smith DENIED; 268 United States' Second Motion in Limine to Exclude the Expert Report and Related Testimony of Plaintiffs' Expert, Timothy Considine DENIED; 270 United States' Third Motion in Limine to Exclude the Expert Report and Related Testimony of Plaintiffs' Expert, John Deskins DENIED. The defendant is ORDERED to file, within fourteen days of the date of this Order, a plan and schedule for compliance with § 321 (a) both generally and in the specific area of the effects of its regulations on the coal industry. Signed by District Judge John Preston Bailey on 10/17/16. (copy to counsel via CM/ECF) (lmm)