Kentucky v. United States

ORDER

NETTESHEIM, Judge.

This case is before the court after argument on defendant’s motion to dismiss for lack of jurisdiction and failure to state a claim upon which relief can be granted pursuant to RUSCC 12(b)(1), (4). The issues to be resolved are 1) whether a Memorandum of Understanding between the Army Corps of Engineers and the Commonwealth of Kentucky, acting through its agency the Natural Resources and Environmental Protection Cabinet, setting forth the rights and duties of each party pending divestiture of certain locks and dams on the Kentucky River contains the requisite elements…