Kentucky Riverkeeper, Inc. v. Midkiff

Kentucky Riverkeeper, Inc. v. Midkiff

One of  two cases that challenged the U.S. Army Corps of Engineers’ practice of granting routine general permits under the Clean Water Act for valley fills in Kentucky and West Virginia, even though those permits are only supposed to be used for activities that have “minimal” adverse environmental effects.   In this case, cross-motions for summary judgment have been pending since 2005 without a decision on the merits.  As a result of the West Virginia ruling, mining companies will have to apply for individual permits in West Virginia and the Corps will have to conduct a more rigorous environmental review of each project.  In the West Virginia case, Ohio Valley Environmental Coalition v.Hurst, the district judge granted summary judgment in 2004, was reversed on appeal, and granted summary judgment again on remand in 2009 and invalidated the permit.