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Mining › Section 404

Mitchell, Williams, Selig, Gates & Woodyard,...

Takings/Mineral Rights Lessee: Court of Federal Claims Addresses U.S. Environmental Protection Agency Withdrawal of 404 Permit

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...more

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Foley Hoag LLP - Environmental Law on

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

Foley Hoag LLP - Environmental Law

EPA Really Does Have Authority To Withdraw Specifications Under Section 404 of the Clean Water Act

Foley Hoag LLP - Environmental Law on

Last year, the D.C. Circuit Court of Appeals ruled that EPA has authority to withdraw its approval for the specification of sites for the disposal of fill material, even after the Army Corps has issued a permit for the...more

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