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  5. 864 F.Supp.2d 645 (2012)
 

HIGHVIEW ENGINEERING v. ARMY CORPS OF ENGINEERS

Civil Action No. 3:08CV-647-S.

864 F.Supp.2d 645 (2012)

HIGHVIEW ENGINEERING, INC., et al., Plaintiffs v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant.

United States District Court, W.D. Kentucky, at Louisville.

March 30, 2012.

Attorney(s) appearing for the Case

Gregory E. Mayes, Kenneth S. Handmaker, Middleton Reutlinger, Louisville, KY, for Plaintiffs.

Benjamin Seth Schecter, U.S. Attorney Office, Louisville, KY, for Defendant.

MEMORANDUM OPINION

CHARLES R. SIMPSON, III, Judge.

This action involves a procedure known as "mitigation banking," an environmental preservation activity supposedly designed to protect the nation's wetlands. In accordance with the Clean Water Act, 33 U.S.C. § 1251 et seq., the United States Army Corps of Engineers (the "Corps") requires that persons or business whose activities will adversely impact wetlands in one place compensate for...

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