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06-5614 - KY Waterways, et al v. Jackson, et al


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06-5614 - KY Waterways, et al v. Jackson, et al
September 3, 2008
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OPINION filed: Judgment of district court is AFFIRMED in part and REVERSED in part; decision of Environmental Protection Agency (EPA) is VACATED in part and case is REMANDED to EPA; decision for publication pursuant to local rule 206. Eugene S. Siler, Jr., Eric L. Clay (AUTHORING), Deborah L. Cook (CONCURRING), Circuit Judges. CLAY, J., delivered the opinion of the court. COOK, J., delivered the remainder of the court's opinion in a separate concurring opinion, in which SILER, J., joined.