In the Shadow of the Fourth Circuit: Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

摘要

reasoning of Ohio Valley Environmental Coalition v. United States Army Corps of Engineers, indicating that this line of judicial thought has support elsewhere. However, the Eleventh Circuit recently vacated that decision, holding that the district court failed to give due deference to the Corps. Even so, the strength and number of the district court holdings for the Ohio Valley Environmental Coalition indicate that the Fourth Circuit might have a more difficult time reversing this decision than previous district court opinions on mountaintop removal coal mining. Time will tell, as the Corps of Engineers has already filed an appeal.