Federal Appeals Court Muddies the Waters: Finds that EPA has the Last Word on Disposal Site Selection Even After Army Corps’ Issuance of a Section 404 Permit

Client Advisory
May 13, 2013

This Client Advisory discusses the District Court of Appeals for the District of Columbia’s recent decision that the Environmental Protection Agency may withdraw portions of a Section 404 Clean Water Act permit regarding disposal site selection for the discharge of dredged or fill material at any time, even years after the Army Corps of Engineers issued the permit. Although this case involved mountaintop removal mining, this ruling may impact other dredge and fill activities requiring Section 404 permits, and removes the element of certainty that permittees feel when they obtain their permits.

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