Earlier today the U.S. District Court of Appeals for the Fourth Circuit issued a decision reversing two earlier rulings from District Court Judge Robert Chambers regarding coal mine permitting by the U.S. Army Corps of Engineers under section 404 of the federal Clean Water Act. The Fourth Circuit reversed the March 2007 decision from the District Court concerning the adequacy of mine specific mitigation practices and the appropriate scope of the Corps’ review under the CWA and the National Environmental Policy Act. The appeals court also reversed the second opinion from Chambers that was issued in June of 2007 concerning the proper regulatory treatment of mining-related sediment ponds under the CWA.
The 2-1 decision of the Fourth Circuit is a strong opinion, providing a great deal of deference to the Corps’ interpretation and implementation of its mining permit review and mitigation processes.
The Association will be reviewing the decision in the coming weeks in order to properly assess its implications for other challenged section 404 permits and the overall permitting program in Huntington.
Featured