D.C. Circuit Upholds EPA Authority to Retroactively Veto CWA Section 404 Permits Issued by the U.S. Army Corps of Engineers
The Energy Law Blog
JUNE 26, 2013
By Bob Holden and Jillian Marullo On April 23, 2013, in a case of first impression, the D.C. Circuit Court of Appeals held that the EPA’s veto authority under section 404(c) of the Clean Water Act (CWA), 33 U.S.C.§ 134(c), “clearly and unambiguously” includes the power to retroactively revoke portions of a Section 404 dredge and fill permit issued by the U.S.
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