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Boles v. Onton Dock, Inc.

ELR Citation: 11 ELR 20986
Nos. No. 80-3412, 659 F.2d 74/16 ERC 1981/(6th Cir., 09/16/1981)

Affirming the district court, the Sixth Circuit Court of Appeals rules that the Army Corps of Engineers' decision not to prepare an environmental impact statement (EIS) prior to granting a permit for construction of a coal loading facility near Onton, Kentucky, was reasonable. In addition, the Corps' failure to consider alternatives to the proposed facility did not violate the National Environmental Policy Act. Finally, under Corps regulations appellants were given adequate notice and opportunity for a hearing. The dissent would remand the case for trial and require the Corps to prepare an EIS if it were determined that the proposed facility would have a significant impact on the village of Onton.

Counsel for Appellants
David C. Brodie
203 Masonic Bldg., Owensboro KY 42301
(502) 683-7017

Grover C. Cox
203 W. Fourth St., Owensboro KY 42301
(502) 683-6462

Counsel for Appellees
Joe A. Evans III
Moore, Morrow & Frymire
Kentucky Bank & Trust Bldg., P.O. Box 695, Madisonville KY 42431
(502) 821-6165

Hancy Jones III
601 W. Broadway, Rm. 211, Louisville KY 20202
(502) 582-5911

Before EDWARDS, WEICK and ENGEL, Circuit Judges.