Legal Opinion
Kentuckians for the Commonwealth, Inc. v. Rivenburgh
Court of Appeals for the Fourth Circuit
Decided February 4, 2003No. 02-1736, 02-1737PublishedCited by 27 opinions
1Opinion of the Court
Reversed, vacated, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HAMILTON joined. Judge LUTTIG wrote an opinion concurring in part and dissenting in part.
*430NIEMEYER, Circuit Judge.
This appeal presents the issue of whether the U.S. Army Corps of Engineers has authority under the Clean Water Act and under its now-superseded 1977 regulation implementing the Act to issue permits for valley fills in connection with mountaintop coal mining. It does not present the question of whether mountaintop coal mining is useful, desirable, or wise.
Kentuckians for the…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Udall v. TallmanSupreme Court of the United States · 1965
- Auer v. RobbinsSupreme Court of the United States · 1997
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Ohio Valley Environmental Coalition v. Aracoma Coal Co.Court of Appeals for the Fourth Circuit · 2009
- Humanoids Group v. James E. Rogan, Director of the United States Patent and Trademark OfficeCourt of Appeals for the Fourth Circuit · 2004
- Gregory Brown v. M. AtchleyCourt of Appeals for the Ninth Circuit · 2023
- Southeast Alaska Conservation Council v. U.S. Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2007
- Ohio Valley Environmental Coalition v. HurstDistrict Court, S.D. West Virginia · 2009
22 more not listed; retrieve them via the Exa API.