KENTUCKY WATERWAYS ALLIANCE; Sierra Club Cumberland Chapter; Kentuckians for the Commonwealth; Floyds Fork Environmental Association, Plaintiffs-Appellants,
v.
Stephen L. JOHNSON, in his official capacity as Administrator of the United States Environmental Protection Agency, Defendant-Appellee,
Commonwealth of Kentucky; Kentucky Coal Association; Associated Industries of Kentucky; Kentucky Chamber of Commerce; Kentucky League of Cities, Intervening Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: January 30, 2008.
Decided and Filed: September 3, 2008.
Attorney(s) appearing for the Case
ARGUED: Albert F. Ettinger, Environmental Law & Policy Center, Chicago, Illinois, for Appellants. Robert J. Lundman, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Albert F. Ettinger, Environmental Law & Policy Center, Chicago, Illinois, Thomas J. FitzGerald, Kentucky Resources Council, Inc., Frankfort, Kentucky, for Appellants. Robert J. Lundman, United States Department of Justice, Washington, D.C., Sharon R. Vriesenga, Brenda Gail Lowe, Kentucky Environmental and Public Protection Cabinet, Frankfort, Kentucky, Timothy J. Hagerty, Frost Brown Todd, LLC, Louisville, Kentucky, Carolyn M. Brown, John C. Bender, Greenebaum, Doll & McDonald, PLLC, Lexington, Kentucky, Mark S. Riddle, Greenebaum, Doll & McDonald, PLLC, Louisville, Kentucky, Culver V. Halliday, Kenneth T. Williams, Stoll Keenon Ogden, PLLC, Louisville, Kentucky, Ronald R. Van Stockum, Jr., Louisville, Kentucky, for Appellees. Kevin Reuther, Minnesota Center for Environmental Advocacy, St. Paul, Minnesota, Nancy K. Stoner, Natural Resources Defense Council, Inc., Washington, D.C., Karla Raettig, Michele Merkel, Environmental Integrity Project, Washington, D.C., Scott L. Long, Brown, Winick, Graves, Gross, Baskerville & Schoenebaum, Des Moines, Iowa, for Amici Curiae.
CLAY, J., delivered the opinion of the court. COOK, J. (pp. 490-94), delivered the remainder of the court's opinion in a separate concurring opinion, in which SILER, J., joined.
United States Court of Appeals, Sixth Circuit.
OPINION
CLAY, Circuit Judge.
Plaintiffs, Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association, appeal the district court's grant of summary judgment in favor of Defendants, Stephen L. Johnson, in his official capacity as Administrator of the United States Environmental Protection Agency ("EPA"), the Commonwealth of Kentucky, the Kentucky Coal Association, Associated Industries...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
