June 22, 2012
Mingo Logan Coal Co. v. EPA, On Appeal
Previously, I posted some thoughts on Mingo Logan Coal Co. v. EPA, and in particular, a critique of Judge Jackson's Chevron analysis. For those following the case, it's now on appeal to the D.C. Circuit. EPA's statement of the issues, filed last week, keeps things crisp:
The issue presented is whether Section 404(c) of the Clean Water Act, 33 U.S.C. 1344(c), authorizes the United States Environmental Protection Agency to withdraw the specification of a site that is specified for disposal of fill material under a Section 404(a) permit.
EPA's brief is due on July 18.
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