Kentuckians for the Commonwealth and Sierra Club were represented by Earthjustice, Appalachian Mountain Advocates and the Appalachian Citizen Law Center as they struck a blow for clean water in the Sixth Circuit Court of Appeals. The lawsuit stops the Army Corps of Engineers from ignoring the evidence of serious health concerns from large surface coal mines like Leeco Inc.’s Stacy Branch Mine when issuing permits.
ORDER GRANTING PLAINTIFFS‘
EMERGENCY MOTION FOR AN INJUNCTION PENDING APPEAL
Upon consideration of Plaintiffs‘ Emergency Motion for an Injunction Pending Appeal, it is hereby ORDERED that Plaintiffs‘ Motion for an Injunction Pending Appeal is Granted. The U.S. Army Corps of Engineers is hereby directed to suspend Leeco’s 404 Permit LRL-2007-217, and Leeco is hereby enjoined from dredging or filling waters of the United States under that Permit during the pendency of Plaintiffs‘ appeal.
IT IS SO ORDERED.
http://www.earthjustice.org