Memorandum Opinion and Order

Pending before the Court is Plaintiffs’ Motion for an Injunction Pending Appeal, and an Emergency Injunction Pending a Ruling on this Motion (ECF No. 187). In their underlying case, Plaintiffs¹ challenged the decision by the United States Army Corps of Engineers (hereinafter “Army Corps” or “the Corps”) to issue an individual Clean Water Act (“CWA”) § 404 permit to Highland Mining Company (“Highland”) to discharge fill material into streams for the purpose of conducting surface coal mining activities at the Reylas Surface Mine in Logan County, West Virginia.  In April 2011, this Court granted the Corps’ motion to remand the permit to the agency for reconsideration.  In September 2011, the Corps reinstated the permit, and this litigation resumed. All parties then filed cross-motions for summary judgment. The Court granted partial summary judgment for the Corps in a short order on May 1, 2012. Order, ECF No. 156.  The Court granted summary judgment on the remaining cross-motions on August 10, 2012. Mem. Op. & Order, ECF No. 183. Plaintiffs thereafter appealed to the Fourth Circuit Court of Appeals, and filed the pending Motion for an Injunction Pending Appeal and an Emergency Injunction Pending a Ruling on this Motion (ECF No. 187).