On 23 April 2013, the DC Circuit reversed the district court in Mingo Logan Coal co. v. EPA, which deals with the scope of EPA’s authority to veto permits issued by the Corps. In relevant part the court held the following (using a straightforward statutory interpretation): Section 404 imposes no temporal limit on the Administrator’s authority to withdraw the Corps’ specification but instead expressly empowers him to prohibit, restrict or withdraw the specification “whenever” he makes a determination that the statutory “unacceptable adverse effect” will result. 33 U.S.C. § 1344(c) (emphasis added).
The decision is attached and available online here. If you have any questions or need additional information, please contact Andy Thompson.