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.
Opinion for the Court filed by Circuit Judge HENDERSON.
United States Court of Appeals, District of Columbia Circuit.
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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