Major developments in section 404-permitting
- Lathan & Watkins LLP (United States)
Mountain coal mining in the Central Appalachians faces increased challenge under the Clean Water Act (CWA). These challenges have included the US Environmental Protection Agency's (EPA) increased involvement in permitting under Section 404 of the CWA; active opposition by environmental groups to Section 404 permits; and proposed federal legislation to reduce the availability of these permits. These recent challenges culminated in a June 11, 2009, Memorandum of Understanding (MoU) between the PEA, the Department of Interior (DoI) and the Army Corps of Engineers (Corps) that will limit the use of general permits for mountaintop coal mining and increase the scrutiny applied to individual permits, while also providing a coordinated approach for reviewing the backlog of pending permit application. By entering into the MoU, the federal agencies aim to reduce the environmental impacts of mountaintop coal mining while increasing certainty and transparency for permit applications. Challenges to Section 404 permitting for mountaintop coal mining are dynamic and new developments occur almost daily. This article provides a snapshot of the current climate.
- OSTI ID:
- 21212759
- Journal Information:
- Coal Age, Vol. 114, Issue 6; ISSN 0009-9910
- Country of Publication:
- United States
- Language:
- English
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