The U.S. Supreme Court has declined an opportunity to weigh in on the question whether the Environmental Protection Agency can veto a wetlands permit granted by the Army Corps of Engineers.
The justices released an order Monday denying the petition for certiorari in Mingo Logan Coal Co. v. EPA.
As a result of the order, the huge Spruce No. 1 coal mine in Logan County, W.Va. remains in limbo. The U.S. Court of Appeals for the District of Columbia Circuit, which had upheld EPA’s veto authority in an April 2013 opinion, had ordered the case remanded to a federal trial court in Washington, D.C. The district judge will now consider other argument mounted by industry lawyers in their effort to get the largest mountaintop removal project in history into operation.
Should the project proceed, miles of environmentally sensitive streams and several thousand square miles of forest would be destroyed.
For background on this case, please read this post.