KENTUCKIANS FOR COMMONWEALTH v. U.S. ARMY CORPS OF ENGINEERS

Case No. 3:12-CV-00682-TBR.

KENTUCKIANS FOR THE COMMONWEALTH, et al., Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, W.D. Kentucky, Louisville Division.

June 12, 2013.


Attorney(s) appearing for the Case

Kentuckians for the Commonwealth, Plaintiff, represented by Jennifer C. Chavez , Earthjustice, Neil E. Gormley , Earthjustice, Stephen A. Sanders , Appalachian Citizens' Law Center, Inc. & J. Michael Becher , Appalachian Mtn Advocates.

Sierra Club, Plaintiff, represented by Jennifer C. Chavez , Earthjustice, Neil E. Gormley , Earthjustice, Stephen A. Sanders , Appalachian Citizens' Law Center, Inc. & J. Michael Becher , Appalachian Mtn Advocates.

United States Army Corps of Engineers, Defendant, represented by Brady Miller , U.S. Attorney Office, Paul Cirino , U.S. Department of Justice - Envirnoment & Natural Resources & Ruth Ann Storey , U.S. Department of Justice - Environment & Natural Resources.

Thomas P. Bostick, Defendant, represented by Brady Miller , U.S. Attorney Office, Paul Cirino , U.S. Department of Justice - Envirnoment & Natural Resources & Ruth Ann Storey , U.S. Department of Justice - Environment & Natural Resources.

Luke T. Leonard, Defendant, represented by Brady Miller , U.S. Attorney Office, Paul Cirino , U.S. Department of Justice - Envirnoment & Natural Resources & Ruth Ann Storey , U.S. Department of Justice - Environment & Natural Resources.

Leeco, Inc., Intervenor Defendant, represented by Kevin M. McGuire , Jackson Kelly, PLLC, Robert G. McLusky , Jackson Kelly, PLLC & Laura P. Hoffman , Jackson Kelly, PLLC.


MEMORANDUM OPINION & ORDER

THOMAS B. RUSSELL, Senior District Judge.

Plaintiffs, Kentuckians for the Commonwealth ("KFTC") and the Sierra Club, brought this action seeking a declaration that the U.S. Army Corps of Engineers ("the Corps") violated the Clean Water Act ("CWA") and the National Environmental Policy Act ("NEPA") in issuing a permit to Leeco, Inc. ("Leeco"), authorizing the corporation to mine-through and fill several...

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