<> Kentuckians for the Commw. v. USACE - 3/7/14. In the U.S. Court of Appeals, Sixth Circuit, Case No. 13-6153. The Panel uphold the Corps's decision to issue a § 404 permit in Kentucky which they said authorizes Leeco to '"mine through' and fill certain surface stream beds, which are already in a degraded state, and requires Leeco to offset the limited environmental effect of the filling by improving other streams in the watershed."