EPA Takes Coal Waste Permit Quarrel To DC Circ.

Law360, Washington (May 14, 2012, 10:14 PM EDT) -- In an appeal filed Thursday, the U.S. Environmental Protection Agency moved to stake its claim on regulatory powers under the Clean Water Act that a Washington federal judge rejected in a March decision upholding a coal mining waste discharge permit. 

The closely watched case pits the EPA against the Mingo Logan Coal Co Inc., whose permit to discharge mining waste into two West Virginia streams — a permit first issued by the U.S. Army Corps of Engineers — the agency sought to invalidate in 2010....
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