A Troubling Surprise For Construction Projects

Law360, New York (May 6, 2013, 12:38 PM EDT) -- In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court decision issued approximately a year ago that had invalidated the U. S. Environmental Protection Agency’s attempt to retroactively “veto” a Clean Water Act § 404 “dredge and fill” permit. Mingo Logan Coal Company v. EPA, Civil Action No. 12-5150; 2013 U.S. App. (D.C. Cir. April 23, 2013).

In the previous opinion, District Judge Amy Berman Jackson had ruled that the EPA clearly did...
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