Ohio Valley Environmental Coalition v. Aracoma Coal Co.

567 F.3d 130, 39 Envtl. L. Rep. (Envtl. Law Inst.) 20113, 2009 U.S. App. LEXIS 11523, 2009 WL 1497292

Opinions

ORDER

Appellees have filed a petition for rehearing and rehearing en banc.

A member of the Court requested a poll on the petition for rehearing en banc. Judges Wilkinson, Michael, and Motz voted to grant rehearing en bane. Judges Niemeyer, Gregory, Shedd, and Duncan voted to deny rehearing en banc. Chief Judge Williams, Judge Traxler, Judge King, and Judge Agee did not participate in the vote.

The petition for rehearing is denied, and, because the poll on rehearing en banc failed to produce a majority of judges in active service in favor of rehearing en banc, the petition for rehearing en banc is also denied. Judge Gregory filed an opinion concurring in the denial of rehearing en banc, in which Judge Shedd joined. Judge Wilkinson filed an opinion dissenting from the denial of rehearing en banc, in which Judge Motz joined. Judge Michael also filed an opinion dissenting from the denial of rehearing en banc, in which Judge Motz joined.

Entered at the direction of Judge GREGORY for the Court.