Mingo Logan Coal Co. v. EPA
- Case Date: 12/16/2013
- Project Name: Environmental Law Project
On March 24, 2014, the U.S. Supreme Court issued a one-sentence order declining to review an appeals court ruling that upheld the Environmental Protection Agency’s (EPA) purported authority for revoking a Clean Water Act discharge permit years after it was issued, putting billions of dollars’ worth of investment at risk. The decision was a setback for WLF, which filed a brief in the case urging the Supreme Court to grant discretionary review. The case arose from a discharge permit the U.S. Army Corps of Engineers issued to Mingo Logan Coal Company under Section 404 of the CWA. Years later, EPA sought to revoke the permit—even though the CWA expressly gives the Corps the sole authority to issue and revoke such permits (and the Corps declined to do so). In its brief, WLF argued that allowing regulatory agencies to abruptly adopt new, expansive interpretations of statutes significantly undercuts the interests of predictability and finality—two chief goals of administrative law.
More Information and Downloads:
12/16/2013: Download the Brief