EPA Says 9th Circ. Can't Review Its Alaska Mine Decision

Law360 (July 23, 2020, 5:02 PM EDT) -- The U.S. Environmental Protection Agency has told the Ninth Circuit that it had discretion to withdraw proposed restrictions on an Alaskan mining project and that the court cannot review its decision.

In a Wednesday answer to environmental groups, the EPA argued that U.S. Supreme Court precedent blocks courts from reviewing situations in which an agency decides not to exercise its regulatory authority. In this case, the EPA said, it declined to invoke Section 404(c) of the Clean Water Act to block a disposal site for mining materials.

The agency cited the 1985 Supreme Court case Heckler v. Chaney, which considered the...

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