Kentucky Riverkeeper, Inc., et al v. Robert Rowlette, Jr., et al

Filing

OPINION and JUDGMENT filed: The judgment of the district court is REVERSED and REMANDED. This ruling is STAYED for sixty (60) days to allow the parties and the district court an opportunity to assess the ramifications of this ruling on existing projects and potential remedies. Decision for publication. Eugene E. Siler, Jr. and Deborah L. Cook (AUTHORING), Circuit Judges; George C. Steeh, U.S. District Judge for the Eastern District of Michigan, sitting by designation. *JUDGMENT LOCKED; The judgment was amended on 4/23/13.

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Case: 11-6083 Document: 006111663639 Filed: 04/22/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: April 22, 2013 Mr. James M. Hecker 1825 K Street, N.W., Suite 200 Washington, DC 20006 Ms. Tamara N. Rountree U.S. Department of Justice ENRD/Appellate Section P.O. Box 23795 L'Enfant Plaza Station Washington, DC 20044 Mr. Stephen A. Sanders Appalachian Citizens' Law Center 317 Main Street Whitesburg, KY 41858 Mr. Andrew Sparks Mr. Charles P. Wisdom Jr. U.S. Attorney's Office 260 W. Vine Street, Suite 300 Lexington, KY 40507 Re: Case No. 11-6083, Kentucky Riverkeeper, Inc., et al v. Robert Rowlette, Jr., et al Originating Case No. : 7:05-cv-181 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Case: 11-6083 Document: 006111663639 Filed: 04/22/2013 Cathryn Lovely Deputy Clerk cc: Mr. Robert R. Carr Enclosures Mandate to issue. Page: 2

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