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
JUNE 26, 2013
Army Corps of Engineers (“Corps”). In 2009, the EPA requested that the Corps revoke or modify the Mingo permit, but the Corps refused, finding no factors present requiring modification. Circuit Court of Appeals held that the EPA’s veto authority under section 404(c) of the Clean Water Act (CWA), 33 U.S.C.§ Mingo Logan Coal Co.
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