Tag Archives for Section 404
The EPA may have to soon admit that they have overstepped their bounds as court cases are beginning to pile up against them and their regulatory assault on property rights and their legal jurisdiction.
A March 21 SCOTUSblog post detailed the recent Supreme Court decision where all 9 Justices – Yes! Even Ginsburg and Alito agreed on this one – handed the EPA a stinging defeat.
“The EPA is setting a dangerous precedent with this decision,” Manchin said. “According to the EPA, it doesn’t matter if you did everything right, if you followed all of the rules. Why? They just change the rules. But what the EPA doesn’t seem to understand is that this decision has ramifications that reach far beyond coal mining in West Virginia. The EPA is jeopardizing thousands of jobs and essentially sending a message to every business and industry that the federal government has no intention of honoring past promises and that no investment is safe. That message will destroy not only our jobs, but our way of life.”
Early today (January 13th, 2011), the Environmental Protection Agency (EPA) revoked Arch Coal’s Section 404 permit for the Mingo Logan Spruce Number One Surface Mine. This drastic and unprecedented action has quite rightly engendered broad bipartisan and energy industry condemnation. Never before in the history of the Clean Water Act has the EPA taken this sort of direct action against a lawfully approved 404 permit when the permittee and project have met every permit requirement.