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KENTUCKIANS FOR COMMONWEALTH v. U.S. ARMY

No. 13-6153.

746 F.3d 698 (2014)

KENTUCKIANS FOR THE COMMONWEALTH and Sierra Club, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Thomas P. Bostick, and Luke T. Leonard, Defendants-Appellees, Leeco, Inc., Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 7, 2014.

Attorney(s) appearing for the Case

ARGUED: Neil Gormley , Earthjustice, Washington, D.C., for Appellants. J. David Gunter II , United States Department of Justice, Washington, D.C., for Federal Appellees. Robert G. McLusky , Jackson Kelly PLLC, Charleston, West Virginia, for Appellee Lecco. ON BRIEF: Neil Gormley , Jennifer C. Chavez , Earthjustice, Washington, D.C., Joseph M. Lovett , J. Michael Becher , Appalachian Mountain Advocates, Lewisburg, West Virginia, Mary Cromer , Appalachian Citizens Law Center, Whitesburg, Kentucky, for Appellants. J. David Gunter II , United States Department of Justice, Washington, D.C., for Federal Appellees. Robert G. McLusky , Jackson Kelly PLLC, Charleston, West Virginia, Kevin M. McGuire , Jackson Kelly PLLC, Lexington, Kentucky, for Appellee Leeco.

Before: KEITH, SILER, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

More than six years after the Commonwealth of Kentucky authorized a surface mining operation in Perry County, this appeal raises the issue of the proper scope of environmental analysis a federal agency must use in issuing a permit related to a small but necessary part of the operation. The Surface Mining Control and Reclamation Act grants Kentucky "exclusive jurisdiction" over the regulation of surface mining within the state...

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