MINGO LOGAN COAL CO. v. U.S. E.P.A.

No. 12-5150.

714 F.3d 608 (2013)

MINGO LOGAN COAL COMPANY, Appellee v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 2013.


Attorney(s) appearing for the Case

Matthew Littleton , Attorney, United States Department of Justice, argued the cause for the appellant. Aaron P. Avila , Mark R. Haag , Cynthia J. Morris and Kenneth C. Amaditz , Attorneys, United States Department of Justice, and Stefania D. Shamet , Attorney, United States Environmental Protection Agency, were on brief.

Emma C. Cheuse , Jennifer C. Chavez and Benjamin A. Luckett were on brief for amici curiae West Virginia Highland Conservancy et al. in support of the appellant.

Robert M. Rolfe argued the cause for the appellee. George P. Sibley III , Virginia S. Albrecht and Deidre G. Duncan were on brief.

Kathryn Kusske Floyd and Jay C. Johnson were on brief for amici curiae Chamber of Commerce of the United States of America et al. in support of the appellee.

Michael A. Carvin and Kevin P. Holewinski were on brief for amicus curiae United Company in support of the appellee.

Benjamin L. Bailey and Michael B. Hissam were on brief for amicus curiae Randy Huffman in support of the appellee. Thanos Basdekis entered an appearance.

Opinion for the Court filed by Circuit Judge HENDERSON.


KAREN LeCRAFT HENDERSON, Circuit Judge:

The Mingo Logan Coal Company (Mingo Logan) applied to the United States Army Corps of Engineers (Corps) for a permit under section 404 of the Clean Water Act (CWA), 33 U.S.C. § 1344, to discharge dredged or fill material from a mountain-top coal mine in West Virginia into three streams and their tributaries. The Corps — acting on behalf of the Secretary of the Army (Secretary) and without objection from the Administrator...

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