DC Circ. Says EPA May Have Exceeded Permitting Authority

Law360, Washington (March 14, 2013, 2:22 PM EDT) -- A D.C. Circuit panel on Thursday voiced concern that the U.S. Environmental Protection Agency may have overstepped its authority by limiting Mingo Logan Coal Co. Inc.'s Clean Water Act discharge permit, saying the agency's interpretation attempts to override the statute's built-in limits on its power.

Judge Thomas B. Griffith criticized the agency during Thursday's oral arguments for using the CWA's intent as a "trump card" to circumvent congressional limitations to its permitting authority, noting that under the EPA's interpretation it could effectively kill a disposal permit...
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