Appeals court sides with EPA over Spruce Mine veto

April 23, 2013 by Ken Ward Jr.

This just in: The U.S. Court of Appeals for the District of Columbia has reversed a lower court ruling that overturned EPA’s veto of the Spruce Mine mountaintop removal permit in Logan County, W.Va.

I’ve posted a copy of the ruling here, and we’ve posted a news story on the Gazette’s website here.

Readers may recall that EPA vetoed the Clean Water Act permit, prompting an appeal by Arch Coal, which led to a ruling by U.S. District Judge Amy Berman Jackson that overruled the agency’s action. EPA appealed, and today’s decision by Judge Karen LeCraft Henderson concludes:

… The Congress made plain its intent to grant the Administrator authority to prohibit/deny/restrict/withdraw a specification at any time … Thus, the unambiguous language of subsection 404(c) manifests the Congress’s intent to confer on EPA a broad veto power extending beyond the permit issuance.

2 Responses to “Appeals court sides with EPA over Spruce Mine veto”

  1. v, jarrell says:

    umm , what exactly does this mean please

  2. Soyedina says:

    The article on the gazette main site might answer some of your questions… this is a good summary

    A federal appeals court has concluded that the U.S. Environmental Protection clearly acted within its legal authority when it rejected a permit for one of the largest mountaintop removal mines in West Virginia history.

    The U.S. Court of Appeals for the District of Columbia on Tuesday reversed a lower court ruling that had thrown out EPA’s veto of the Clean Water Act permit for Arch Coal Inc.’s Spruce Mine in Logan County.

    Writing for a unanimous three-judge panel, Judge Karen LeCraft Henderson said that federal law gives EPA authority to veto permits that agency officials believe the U.S. Army Corps of Engineers was wrong to issue.

Leave a Reply