6th Circ. Nixes Army Corps' Coal Mining Waste Permit

Law360, New York (April 22, 2013, 5:00 PM EDT) -- The Sixth Circuit on Monday voided the U.S. Army Corps of Engineers’ reauthorization of a nationwide coal mining waste discharge permit which the court said allows companies to evade tighter restrictions on surface coal mining.

Plaintiffs Kentucky Riverkeeper Inc., Kentucky Waterways Alliance Inc. and Kentuckians for the Commonwealth Inc. sued the Corps in 2005, seeking to bar it from allowing coal miners to dump dredged or fill material in Kentucky’s rivers under two permitting programs known as permit 21 and permit 50. The groups claimed the...
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