Judge Says Ind. Botched CWA Permit For Massive Mine

Law360, New York (September 18, 2013, 3:32 PM EDT) -- An Indiana environmental law judge has ordered a review of the impact of discharge from the biggest surface coal mine in the Eastern U.S., saying state officials failed to abide by the Clean Water Act, according to a decision made available Wednesday.

Although Judge Catherine Gibbs rejected petitioner Sierra Club’s contention that the Indiana Department of Environmental Management should have required Peabody Midwest Mining LLC to apply for an individual permit that would necessitate a more stringent impact study than its current general permit, she held...
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