DC Circ. Considers Extent Of EPA Mountaintop Authority

Law360, Washington (February 10, 2014, 5:44 PM EST) -- The D.C. Circuit on Monday considered whether to reverse a ruling limiting the U.S. Environmental Protection Agency’s authority to regulate mountaintop mining in Appalachia, while pressing a coal industry interest group on its assertion that the EPA lacked authority to confer with the U.S. Army Corps of Engineers on regulating permits.

At oral argument on Monday, the EPA asked a three-judge panel to overturn a pair of decisions from October 2011 and July 2012 rejecting its issuance of an agency permit review guidance memorandum as well...
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