Mingo Logan Coal Co. v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Dissenting opinion filed by Circuit Judge KAVANAUGH.
KAREN LECRAFT HENDERSON, Circuit Judge:
In 2007, the United States Army Corps of Engineers (Corps) issued Mingo Logan Coal Co. (Mingo Logan) a permit to excavate the tops of several West Virginia mountains, extract exposed coal and dispose of the excess soil and rock in three surrounding valleys containing streams. Four years later, after additional study, the United States Environmental Protection Agency (EPA) decided that the project would result in “unacceptable adverse effeet[s]” to the environment. See 33 U.S.C. § 1344(c). The EPA…
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