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In an important case, the Fourth Circuit Court of Appeals reversed (by a 2 to 1 vote) a lower district court decision that enjoined Army Corps of Engineers 404(b) permits that allowed mining companies in West Virginia to fill in mountain valleys and streams with mining rubble, to use stream segments to drain water from [...]

The Discovery Plan must address the litigants’ “views and proposals on . . . any issues about disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.” Fed. R. Civ. P. 26(2)(3)(C). Fed. R. Civ. P. 16(b) allows the courts’ scheduling order to “provide for disclosure [...]