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KENTUCKIANS FOR COM. v. U.S. ARMY CORPS OF ENGRS.

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

963 F.Supp.2d 670 (2013)

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.

August 23, 2013.

Attorney(s) appearing for the Case

Jennifer C. Chavez , Neil E. Gormley , Earthjustice, Washington, DC, Stephen A. Sanders , J. Michael Becher , Appalachian MTN Advocates, Lewisburg, WV, for Plaintiffs.

Brady Miller , U.S. Attorney Office, Louisville, KY, Paul Cirino , U.S. Department of Justice-Environment & Natural Resources, Washington, DC, Ruth Ann Storey , for Defendants.

MEMORANDUM OPINION

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 unnamed tributaries of Stacy...

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