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Amicus Brief Filed
The National Mining Association (NMA) and several other key trade associations filed an amicus curiae brief on Monday in Mingo Logan Coal Co. v. EPA in the U.S. Court of Appeals for the District of Columbia (appeals court). The brief requests the court affirm the lower court’s favorable decision, which held unequivocally that the U.S. Environmental Protection Agency (EPA) has no authority to retroactively veto Clean Water Act (CWA) section 404 permits issued by the U.S. Army Corps of Engineers (Corps).