State of West Virginia Files Amicus Brief

Last week, the State of West Virginia joined several national groups in filing amicus briefs in the federal EPA’s appeal of a decision from Judge Amy Berman Jackson which invalidated the agency’s retroactive veto of Clean Water Act Section 404 permit issued to Mingo Logan Coal Company for its Spruce No. 1 mine. The U.S. Army Corps of Engineers approved the permit in 2007 and EPA revoked the permit in January 2011. Mingo-Logan challenged EPA’s revocation and in March 2012 Judge invalidated the veto action in its entirety. EPA has appealed Jackson’s decision to federal Court of Appeals for the D.C. Circuit. For a copy of West Virginia’s amicus filing contact jbostic@wvcoal.com