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ARTICLE · 09 APRIL 2012

D.C. District Court Invalidates EPA’s Retroactive Attack On A Clean Water Act § 404 Permit

Vinson & Elkins LLP
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In a pointed rebuke, the D.C. District Court ruled that the U.S. Environmental Protection Agency (EPA) lacked the statutory authority to invalidate an already issued § 404 permit retroactively.

United StatesEnvironment
Molly Cagle
Molly Cagle
Sharon Mattox
Sharon Mattox
Paulina Williams
Paulina Williams
Casey Hopkins
Casey Hopkins

Originally published in V&E Environmental Law Update E-communication, March 28, 2012

In a pointed rebuke, the D.C. District Court ruled that the U.S. Environmental Protection Agency (EPA) lacked the statutory authority to invalidate an already issued § 404 permit retroactively.1 EPA attempted to invalidate a § 404 permit issued by the Army Corps of Engineers (Corps) that authorized the disposal of spoil from Mingo Logan Coal Company, Inc.'s mountain-top coal mine in Logan County, West Virginia into specified valley areas. This decision is noteworthy both for the sweeping assertions of legal authority under § 404 of the Clean Water Act (CWA) proposed by EPA and for the court's animated rejection of those positions.

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