WASHINGTON, D.C.—Karen Harbert, president and CEO of the U.S. Chamber’s Institute for 21st Century Energy, today issued the following statement regarding an amicus brief filed by the U.S. Chamber and the American Farm Bureau Federation asking the U.S. Supreme Court to review a D.C. Circuit Court decision upholding EPA’s asserted “Clean Water Act permit veto” authority:
“Given the significant implications for the entire regulatory process and America’s economy, we believe that the Supreme Court should review the D.C. Circuit Court’s decision in the Mingo Logan case. This case is about far more than mining—it is about whether a government agency can retroactively deny a permit that had already been issued. Allowing permits to be selectively revoked after they have been issued will dramatically alter the way that businesses operate by removing certainty from the permitting process. That in turn could place hundreds of billions in investments in our economy at risk every year. We hope that the Court will choose to review this case and side with the District Court, which called EPA’s actions ‘illogical and impractical.’”
The case is called Mingo Logan Coal Company v. United States Environmental Protection Agency.
Under the relevant section of the Clean Water Act (CWA), businesses receive permits from the Army Corps of Engineers, with the EPA’s sign-off, before starting new projects. The District Court agreed that these permits were non-revocable because the relevant law contains no mechanism for the EPA to unilaterally reconsider its decision once one of these permits has been issued. According to the Chamber’s amicus brief, over $220 billion of investment annually is conditioned on the issuance of these permits. Introducing the specter of after-the-fact permit “vetoes” will significantly chill economic development.
NCLC is the litigation arm of the U.S. Chamber of Commerce and advocates for the fair treatment of business in the courts and before regulatory agencies.
The mission of the U.S. Chamber of Commerce's Institute for 21st Century Energy is to unify policymakers, regulators, business leaders, and the American public behind a common sense energy strategy to help keep America secure, prosperous, and clean. Through policy development, education, and advocacy, the Institute is building support for meaningful action at the local, state, national, and international levels.
The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local chambers and industry associations.