Judge Says EPA Exceeded Authority By Yanking Permit

Law360, Chicago (March 23, 2012, 7:19 PM EDT) -- Dealing a blow to the U.S. Environmental Protection Agency's authority, a Washington federal judge ruled Friday that the agency overstepped its bounds when it attempted to invalidate an existing Clean Water Act permit issued to Mingo Logan Coal Co. Inc. to discharge materials into two streams.

U.S. District Judge Amy Berman Jackson granted Mingo Logan summary judgment in the case it brought against the EPA, finding that the agency exceeded its authority under section 404(c) of the CWA when it tried, for the first time, to...
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