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Administrative/Regulatory

May 28, 2013

Court allows EPA to stop ongoing projects, years after permits were granted

Four years after a coal company received a CWA permit, the EPA overturned the permit in light of "new information." A circuit court then upheld the EPA's action. By George J. Mannina, Jr., Paul S. Weiland and Mary Lynn Coffee


By George J. Mannina, Jr., Paul S. Weiland and Mary Lynn Coffee


In 2007, Mingo Logan Coal Company received a Clean Water Act permit from the U.S. Army Corps of Engineers to discharge dredged or fill material from a mountain top coal mine in West Virginia into three streams. Four years later, the U.S. Environmental Protection Agency overturned the permit, saying it was no longer valid based on "new information" about the impact of the discharge on "...

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