United States Sixth Circuit

In an action brought by environmental groups challenging an agency's environmental assessment and decision-making in connection with a coal mining permit, summary judgment for the agency is affirmed over claims that: 1) an environmental assessment was deficient in failing to consider sufficient alternatives to a proposal; 2) the agency acted arbitrarily and capriciously in issuing a finding of no significant impact; and 3) the agency should have made the environmental assessment available for public comment 30 days before its final decision.

Appellate Information

• Decided 06/29/2006
• Published 06/29/2006

Judges

• Before:  SUTTON and GRIFFIN, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Scott A. Gollwitzer, Appalachian Voices, Asheville, North Carolina, for Appellants.  Suzanne H. Bauknight, Assistant United States Attorney, Knoxville, Tennessee, Garry K. Grooms, Stites & Harbison, Nashville, Tennessee, for Appellees.   ON BRIEF:  Scott A. Gollwitzer, Appalachian Voices, Asheville, North Carolina, Stephen A. Sanders, Appalachian Citizens Law Center, Prestonsburg, Kentucky, Mary M. Mastin, Paddock & Mastin, Cookeville, Tennessee, for Appellants.  Suzanne H. Bauknight, Pamela Steele, Assistant United States Attorneys, Knoxville, Tennessee, Garry K. Grooms, Stites & Harbison, Nashville, Tennessee, Charles P. Gault, United States Department of Interior, Knoxville, Tennessee, for Appellees.