KENTUCKY RIVERKEEPER, INC. v. ROWLETTE

No. 11-6083.

714 F.3d 402 (2013)

KENTUCKY RIVERKEEPER, INC.; Kentuckians for the Commonwealth, Inc.; Kentucky Waterways Alliance, Inc., Plaintiffs-Appellants, v. Robert A. ROWLETTE, Jr., et al., Defendants, Carl A. Strock, Lieutenant General, Chief of Engineers and Commander of the U.S. Army Corps of Engineers; Raymond G. Midkiff, Colonel, District Engineer, U.S. Army Corps of Engineers, Louisville District; Dana R. Hurst, Colonel, District Engineer, U.S. Army Corps of Engineers, Huntington District; Steven J. Roehmhildt, Colonel, District Engineer, U.S. Army Corps of Engineers, Nashville District, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2013.


Attorney(s) appearing for the Case

ARGUED: James M. Hecker , Public Justice, Washington, D.C., for Appellants. Tamara N. Rountree , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: James M. Hecker , Public Justice, Washington, D.C., Stephen A. Sanders , Appalachian Citizens Law Center, Whitesburg, Kentucky, Joseph M. Lovett , Appalachian Mountain Advocates, Lewisburg, West Virginia, for Appellants. Tamara N. Rountree , United States Department Of Justice, Washington, D.C., for Appellees.

Before: SILER and COOK, Circuit Judges; STEEH, District Judge.


OPINION

COOK, Circuit Judge.

Plaintiffs-Appellants Kentucky Riverkeeper, Inc., Kentucky Waterways Alliance, Inc., and Kentuckians for the Commonwealth, Inc. (collectively "Riverkeeper") sued the Army Corps of Engineers alleging violations of the Clean Water Act (CWA), 33 U.S.C. § 1344(e), the National Environmental Protection Act (NEPA), 42 U.S.C. § 4332(2)(C), and the Administrative Procedure Act (APA), 5 U.S.C. § 706, during the Corps' issuance...

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