Epa is signaling that it plans to offer a narrow statutory interpretation of the issues in its pending appeal of a court ruling that barred the agency from retroactively vetoing disposal sites associated with Army Corps of Engineers dredge and fill permits for a West Virginia coal mine. EPA's June 14 statement of issue to be raised sets up narrow parameters for what the agency will ask the court to consider on appeal, citing directly from the statute, which says EPA can "withdraw" sites in addition to prohibiting them, implying that the provision can be applied to a final permit. Relevant documents are available on InsideEPA.com. See page 2 for details.
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