News & Events

Simpson Thacher has won the dismissal of an action seeking to enjoin the construction of the $1.8 billion Longview power plant in West Virginia, a project financed by Simpson Thacher client First Reserve. Plaintiffs sought to block construction of the plant following its approval by various West Virginia regulatory entities, including the Department of Environmental Protection, and following negotiations and the execution of a consent decree with the Sierra Club, Trout Unlimited, and the National Parks Conservation Association. In a June 27, 2007 opinion, the US District Court for the Northern District of West Virginia granted Longview's motion to dismiss, concluding that the court must abstain from hearing the action because the plaintiffs' claim constituted a collateral attack on a state agency decision that should be raised in a state forum.

The Simpson Thacher litigation team working on the matter includes Barry Ostrager, Mary Beth Forshaw, Jamie Gamble, Adeeb Fadil, David Elbaum, Jason Stone, Sandra Chiocchi, Ryan Kane, Paul Quigley, Elizabeth Warnick, and paralegal Douglas Henderson.