Arch's DC Circ. Loss Shows Need To Document Project Costs

Law360, New York (July 20, 2016, 10:44 PM EDT) -- The D.C. Circuit's ruling backing the U.S. Environmental Protection Agency's revocation of an Arch Coal mining unit's Clean Water Act permit shows developers that if they want to get a similar EPA decision overturned by arguing the agency failed to consider costs, they must document expenses incurred through reliance on their permits as early as possible, experts say.

A divided appeals court panel said Tuesday the EPA reasonably explained its decision to yank Mingo Logan Coal Co.'s permit and rejected the company's argument that the agency failed to engage in "reasoned decision making" by ignoring costs. The EPA withdrew specification for...

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