· 4/23/2013
Mingo Logan Coal Co. v. United States Environmental Protection Agency
Citations
- 404 U.S. App. D.C. 375
- 714 F.3d 608
- 43 Envtl. L. Rep. (Envtl. Law Inst.) 20094
- 2013 WL 1729603
- 76 ERC (BNA) 1213
- 2013 U.S. App. LEXIS 8121
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the statute’s use of the phrases “whenever” and “including the withdrawal of specification” evince Congress’ intent to allow the EPA to use its § 404(c) authority after a permit issues
- “[T]he unambiguous language of subsection 404(c) manifests the Congress’s intent to confer on EPA a broad veto power extending beyond the permit issuance.”
- “[S]ection 404(b) makes equally clear ... that the Administrator has, in effect, the final say on the specified disposal sites ‘whenever’ he makes the statutorily required ‘unacceptable adverse effect’ determination.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Henderson, Griffith, Kavanaugh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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