On January 23, 2012, a federal judge denied a motion by anti-mining groups to add a NEPA-based health effects claim to a pending challenge to a "fill" permit issued by the Corps of Engineers. In Ohio Valley Environmental Coalition, et al. v. U.S. Army Corps, et al., Civil Action No. 3:11-0149 (S.D. W.Va. 2012), Doc. No. 84 ("Order"), the Court ruled that the proposed additional claim was "futile." This case involves a challenge to a permit issued by the Corps of Engineers under Clean Water Act § 404 permit for Highland Mining Company's Reylas Surface Mine located in Logan County, West Virginia.