As previously reported in SGR’s environmental and sustainability newsletter, the U.S. EPA and the U.S. Corps of Engineers jointly published a final clean water rule on June 29, 2015, intended to clarify the jurisdictional limits of federal water for purposes of the Clean Water Act. The rule, which takes effect on August 25, but which is considered final on July 13 for purposes of judicial review, is in danger of being unfunded by Congress when they return to session following the July 4 recess. The House is set to vote on the fiscal year 2016 spending bill for the Interior… Read more
Tag: Corps
EPA’S AUTHORITY TO VETO PERMITS CHANGES
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. … Read more