Opinion
2012-5090 2012-5091 2012-5092 2012-5093 2012-5094 2012-5095 2012-5121 2012-5133 2012-5134
09-26-2012
ARACOMA COAL COMPANY, BANDMILL COAL CORPORATION, SPARTAN MINING COMPANY, STIRRAT COAL COMPANY, BLACK STALLION COAL COMPANY, LLC, COYOTE COAL COMPANY, LLC, DODGE HILL MINING COMPANY, LLC, HIGHLAND MINING COMPANY, LLC, KANAWHA EAGLE COAL, LLC, PANTHER, LLC, JUPITER HOLDINGS, LLC, REMINGTON, LLC, WILDCAT, LLC, CONSOL ENERGY, INC., CONSOLIDATION COAL COMPANY, CONSOL OF PENNSYLVANIA COAL COMPANY, CONSOL OF KENTUCKY INC., EIGHTY FOUR MINING COMPANY, HELVETIA COAL COMPANY, ISLAND CREEK COAL COMPANY, KENT COAL MINING COMPANY, LAUREL RUN MINING COMPANY, NINEVAH COAL COMPANY, EAGLE ENERGY, INC., ELK RUN COAL COMPANY, INC., GOALS COAL COMPANY, GREEN VALLEY COAL COMPANY, INDEPENDENCE COAL COMPANY, INC., KNOX CREEK COAL CORPORATION, MARKFORK COAL COMPANY, INC., MARTIN COUNTY COAL CORPORATION, PEERLESS EAGLE COAL COMPANY, PERFORMANCE COAL COMPANY, RAWL SALES & PROCESSING, CO., SIDNEY COAL COMPANY, INC., STONE MINING COMPANY, APOGEE COAL, COVENANT COAL CORP., JIM WALTER RESOURCES, INC., ALEX ENERGY, INC., DELBARTON MINING COMPANY, COLONY BAY COAL COMPANY, LOGAN FORK COAL COMPANY, PINE RIDGE COAL COMPANY, RIVERS EDGE MINING, INC., ANDALEX RESOURCES, INC., ARCH WESTERN RESOURCES, LLC, CANYON FUEL COMPANY, LLC, CATENARY COAL COMPANY N/K/A CATENARY COAL COMPANY, LLC, CLINTWOOD ELKHORN MINING COMPANY, COAL-MAC, INC., COASTAL COAL COMPANY, LLC N/K/A ENTERPRISE MINING COMPANY, LLC, COASTAL COAL-WEST VIRGINIA, LLC N/K/A BROOKS RUN MINING COMPANY, LLC, DAL-TEX COAL CORPORATION, EASTERN ASSOCIATED COAL CORPORATION N/K/A EASTERN ASSOCIATED COAL, LLC, EVERGREEN MINING COMPANY, GATLIFF COAL COMPANY, GENWAL RESOURCES, INC., GLAMORGAN COAL COMPANY, LLC, HOBET MINING, INC., N/K/A HOBET MINING, LLC, KEYSTONE COAL MINING CORPORATION, KINGSTON RESOURCES, INC., MCELROY COAL COMPANY, MINGO LOGAN COAL CO., MOUNTAINEER COAL DEVELOPMENT COMPANY, NICHOLAS-CLAY COMPANY, LLC, N/K/A AMVEST WEST VIRGINIA COAL, LLC, NICHOLAS-CLAY LAND & MINERAL, INC., OLD BEN COAL COMPANY, PACIFIC COAST COAL COMPANY, PAYNTER BRANCH MINING, INC., PERRY COUNTY COAL CORPORATION, PIONEER FUEL CORPORATION, PLATEAU MINING CORPORATION, PREMIER ELKHORN COAL COMPANY, QUARTO MINING COMPANY, RAG CUMBERLAND RESOURCES, L.P. N/K/A CUMBERLAND COAL RESOURCES, L.P., RAG EMERALD RESOURCES, L.P., N/K/A EMERALD COAL RESOURCES, L.P., RIVERSIDE ENERGY, INC. N/K/A AMCI HOLDINGS, INC., SHIPYARD RIVER COAL TERMINAL COMPANY, TERRY EAGLE L.P., UNITED STATES STEEL MINING COMPANY LLC, USIBELLI COAL MINE, INC., VIRGINIA CREWS COAL COMPANY, AND WEST RIDGE RESOURCES, INC., Plaintiffs-Appellants, AND POWDER RIVER COAL COMPANY, PEABODY HOLDING COMPANY, INC., MID-VOL LEASING, INC., and TWENTYMILE COAL COMPANY, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. CLINCHFIELD COAL COMPANY, ELKAY MINING COMPANY, HEARTLAND COAL COMPANY, HOLSTON MINING COMPANY, MEADOW RIVER COAL COMPANY, MOTIVATION COAL COMPANY, PARAMONT COAL CORPORATION, PYXIS RESOURCES CORPORATION, RANGER FUEL CORPORATION, and SEA "B" MINING COMPANY, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee. MINGO LOGAN COAL COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. RED RIVER COAL COMPANY, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.
NOTE: This order is nonprecedential.
Appeals from the United States Court of Federal Claims in consolidated case nos. 09-CV-734, 09-CV-770, 05-CV-1284, 07-CV-266, 05-CV-929 and 05-CV-1211, Senior Judge Bohdan A. Futey.
Appeal from the United States Court of Federal Claims in case no. 02-CV-069, Judge Lynn J. Bush.
Appeal from the United States Court of Federal Claims in case no. 00-CV-0761, Judge Francis M. Allegra.
Appeal from the United States Court of Federal Claims in case no. 01-CV-0441, Judge George W. Miller.
ON MOTION
ORDER
Upon consideration of the unopposed motion to consolidate appeal 2012-5090 et al. with appeals 2012-5121, 2012-5133 and 2012-5134, to set the briefing schedule, and the motion for an extension of time to file the opening brief,
IT IS ORDERED THAT:
(1) The motions are granted. Appellants' opening brief is due no later than October 26, 2012.
(2) The revised official caption is reflected above.
FOR THE COURT
____________
Jan Horbaly
Clerk
cc: Steven H. Becker, Esq.
Lindsay Minnis, Esq.
Tara K. Hogan, Esq.
Robert M. Rolfe, Esq.
John Y. Merrell, Jr., Esq.
s26