Yesterday the National Association of Manufacturers and other business groups filed a brief with the federal appeals court in D.C. on Mingo Logan Coal Co. case against the Environmental Protection Agency (EPA). If you recall in early 2011 the EPA retroactively revoked a dredge-disposal permit that had been issued years before to Mingo Logan and the company was in full compliance.
In March of 2012 a federal judge ruled that EPA did not have the power to revoke the permit. This has resulted in the EPA appealing to the DC. Circuit.
The brief filed yesterday highlights how problematic and unreasonable it is for the EPA to have revoked this permit. If this EPA is allowed to modify existing permits it will discourage investments in new projects that would require similar section 404 permits.
Again this is another prime example of overreach from the EPA that will negatively impact job creation and hurt our economy.
Read more about the case this Associated Press story.