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KENTUCKY RIVERKEEPER, INC. v. MIDKIFF

Civil Action No. 05-181-DLB.

800 F.Supp.2d 846 (2011)

KENTUCKY RIVERKEEPER, INC., et al., Plaintiffs v. Colonel Raymond G. MIDKIFF, et al., Defendants.

United States District Court, E.D. Kentucky, Southern Division, at Pikeville.

July 14, 2011.

Attorney(s) appearing for the Case

James M. Hecker , Trial Lawyers for Public Justice, Washington, DC, Joseph M. Lovett , Buckhannon, WV, Stephen A. Sanders , Whitesburg, KY, for Plaintiffs.

Cynthia J. Morris , Paul Cirino , Ruth Ann Storey , U.S. Department of Justice, Washington, DC, Thomas Lee Gentry , U.S. Attorney's Office, London, KY, for Defendants.

MEMORANDUM OPINION AND ORDER

DAVID L. BUNNING, District Judge.

Plaintiffs Kentucky Riverkeeper, Inc. ("Riverkeeper"), Kentuckians for the Commonwealth, Inc. (KFTC) and Kentucky Waterways Alliance, Inc. (KWA) commenced this action for declaratory and injunctive relief challenging the United States Army Corps of Engineers' ("the Corps") nationwide permitting program, and, specifically, its use in Kentucky, and throughout the Appalachian region generally...

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