Legal Opinion
Commonwealth, Energy & Environment Cabinet v. Shepherd
Kentucky Supreme Court
Decided April 26, 2012No. 2011-SC-000482-MR, 2011-SC-000485-MRPublishedCited by 6 opinions
1Opinion of the Court
Opinion of the Court by
Justice ABRAMSON.
The Commonwealth of Kentucky’s Energy. and Environment Cabinet and Frasure Creek Mining, LLC, appeal from a July 19, 2011 Order of the Court of Appeals denying their separate but consolidated petitions for writs of mandamus and prohibition against Franklin Circuit Court Judge Phillip J. Shepherd. The Cabinet and Frasure Creek are before Judge Shepherd in an enforcement action under Kentucky’s analog of the federal Clean Water Act, and as a resolution of that action they have jointly moved the trial court to enter a consent judgment which they have…
2Cases cited18 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Grange Mutual Insurance Co. v. TrudeKentucky Supreme Court · 2004
- Adkins v. VIM Recycling, Inc.Court of Appeals for the Seventh Circuit · 2011
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3Cited by6 opinions
- Tibbs v. BunnellKentucky Supreme Court · 2014
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- Haynes Trucking, LLC v. Honorable Ernesto M. Scorsone, Fayette Circuit JudgeKentucky Supreme Court · 2021
- Purdue Pharma L.P. v. CombsCourt of Appeals of Kentucky · 2014
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