EPA Proposes 'Veto' of Section 404 Permit for Mountaintop Removal Coal Mining Project in West Virginia


The U.S. Environmental Protection Agency ("EPA") has proposed to rescind the Clean Water Act ("CWA") section 404 permit for a controversial mountaintop removal coal mining project in West Virginia, more than three years after the U.S. Army Corps of Engineers ("Corps") issued the permit. It would be a rare application of the EPA's "veto" authority to a previously issued permit. When viewed in combination with other pending actions by the EPA, the proposed action appears to signal a decision by the agency to take a more assertive stance toward regulation of mountaintop removal mining operations generally.

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