Memorandum Opinion and Order

Pending before the Court are multiple motions and cross-motions for summary judgment in OVEC v. Coal-Mac, 3:10-0833, and OVEC v. Independence, 3:10-836.  In Coal-Mac, pending are Plaintiffs’ Motion for Partial Summary Judgment, for Declaratory and Injunctive Relief, and to Schedule a Hearing on the Scope of Injunctive Relief (Doc. 5); Defendants’ Motion for Stay of Proceedings Pending Resolution of Negotiations Between Arch Coal, Inc. and the United States Environmental Protection Agency (Doc. 13); Coal-Mac’s Cross-Motion for Partial Summary Judgment (Doc. 18); Plaintiffs’ Second Motion for Partial Summary Judgment and for Declaratory and Injunctive Relief and Civil Penalties (Doc. 26); and Coal-Mac, Inc. and Mingo Logan Coal Company’s Cross-Motion for Partial Summary Judgment (Doc. 37).  In Independence, pending are Plaintiffs’ Motion for Partial Summary Judgment and for Declaratory and Injunctive Relief and Civil Penalties (Doc. 14) and Defendants’ Cross-Motion for Partial Summary Judgment (Doc. 24).  Also pending are Plaintiffs’ Motions to File Surreply to Defendants’ Supplemental Authority in Support of Defendants’ Cross Motions for Summary Judgment in Coal-Mac (Doc. 76) and Independence (Doc. 57).  Both these latter motions are GRANTED, and Plaintiffs’ memorandums were considered in the disposition of these motions.