Abstract
Under section 404(c) of the Clean Water Act, the Environmental Protection Agency (EPA) has the power to veto permits for the discharge of fill or dredged materials issued by the U.S. Army Corps of Engineers. This veto power can only be used if the discharge will have unacceptable adverse effects on water supplies, aquatic life, wildlife, or recreational areas. The EPA’s use of its veto power is rare and is usually invoked before a section 404 permit has been issued. The recent veto of a section 404 permit for the Spruce No. 1 Mine in Logan County, West Virginia, by the EPA has been highly controversial due to the fact that the permit had been issued to the mine four years before the veto. This Comment argues that the EPA acted within its powers under section 404 when vetoing the Spruce No. 1 Mine permit and proposes an amendment to section 404 that limits the EPA’s ability to veto permits that have already been issued.
Recommended Citation
Amy Oxley,
No Longer Mine: An Extensive Look at the Environmental Protection Agency’s Veto of the Section 404 Permit Held by the Spruce No. 1 Mine,
36
S. Ill. U. L.J.
139
(2011).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol36/iss1/5