EPA Threat To Permits Drives Pivotal High Court Appeal
By Sean McLernon
Law360, New York (November 18, 2013, 8:12 PM EST) -- The U.S. Supreme Court serves as the last hope for private industry and municipal agencies wary of a newly emboldened U.S. Environmental Protection Agency that's willing to withdraw Clean Water Act permits years after they are issued, leaving hundreds of billions of dollars' worth of projects at risk of shutting down.
Arch Coal. Inc. unit Mingo Logan Coal Co. lodged a petition with the high court last week, challenging a D.C. Circuit decision from April that upheld the EPA's power to withdraw permits for two of...