U.S. Supreme Court Declines to Review EPA’s Retroactive Veto Authority Under Clean Water Act
The U.S. Supreme Court has declined to review a harmful decision from the U.S. Court of Appeals for the D.C. Circuit, issued in April 2013 in Mingo Logan Coal Co. v. EPA, which says the Clean Water Act (CWA) grants the U.S. Environmental Protection Agency (EPA) the “veto” power to withdraw a Section 404 dredge-and-fill permit several years after it has been duly issued by the U.S. Army Corps of Engineers (Corps) and relied upon by the permittee.