Legal Opinion
Kentuckians for the Commonwealth v. United States Army Corps of Engineers
Court of Appeals for the Sixth Circuit
Decided March 7, 2014No. 13-6153PublishedCited by 25 opinions
1Opinion of the Court
OPINION
ROGERS, Circuit Judge.
More than six years after the Commonwealth of Kentucky authorized a surface mining operation in Perry County, this appeal raises the issue of the proper scope of environmental analysis a federal agency must use in issuing a permit related to a small but necessary part of the operation. The Surface Mining Control and Reclamation Act grants Kentucky “exclusive jurisdiction” over the regulation of surface mining within the state, subject to minimum federal standards. In order to conduct surface mining in Kentucky, a mine operator must obtain a permit for the overall…
2Cases cited21 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
- Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
- Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
- Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1983
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 2015
- Sierra Club v. United States Army Corps of EngineersCourt of Appeals for the D.C. Circuit · 2015
- Atchafalaya Basinkeeper v. U.S. Army Corps of Eng'rsCourt of Appeals for the Fifth Circuit · 2018
- Latin Americans for Social & Economic Development v. Administrator of the Federal Highway AdministrationCourt of Appeals for the Sixth Circuit · 2014
- Sierra Club, Inc. v. BostickCourt of Appeals for the Tenth Circuit · 2015
20 more not listed; retrieve them via the Exa API.