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View Diary: EPA: Pending Mountaintop Removal Permits Would Likely Violate Clean Water Act (164 comments)

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  •  Clarification (1+ / 0-)
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    cville townie

    The US Army Corps of Engineers only evaluates the proposed permit and puts it in a form for review by the EPA (duty was primarily b/c of their role in dam constructioin), they do not actually do any of the coal mining.

    As for the EPA denial, this is certainly good news, however, the decision is not final.  Any final agency determination can be appealed to the US district court with Jurisdiction and can be appealed from there.  This is where the Bush legacy could be a huge problem, it is possible for a court to overturn the agencies' decision if it was arbitrary or capricious (legal standard), however, like everything, the judgment often comes down to the Judges' "perspective" i.e., imagine Scalia, Thomas, et al and their view about these "suddenly" denied permits.

    Not to be a buzzkill, it IS GOOD NEWS, as it makes big coal have to push uphill and pay along the way.

    While it is not true that ALL conservatives are stupid; it is true that ALL stupid people are conservative.

    by 4CasandChlo on Fri Sep 11, 2009 at 04:21:08 PM PDT

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