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EPA and Army Corps of Engineers Publish Joint Guidance

The Energy Law

Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. EPA-HQ-OW-2007-0282, or by email to OW-Docket@epa.gov , with the docket number in the “subject” line. Army Corps of Engineers, Clean Water Act Jurisdiction Following the U.S.

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D.C. Circuit Upholds EPA Authority to Retroactively Veto CWA Section 404 Permits Issued by the U.S. Army Corps of Engineers

The Energy Law

By Bob Holden and Jillian Marullo On April 23, 2013, in a case of first impression, the D.C. Army Corps of Engineers (“Corps”). In 2007, after a lengthy and litigious review process, the Corps, without objection from the EPA, issued a permit authorizing Mingo Coal to discharge material into three streams and their tributaries.