• Mark Ryan

Pebble Mine 404(c) Challenge is rejected, WOTUS and an SPPCC Settlement

The judge in the Pebble Mine case yesterday ruled that plaintiffs could not challenge EPA's withdrawal of the 404(c) veto of the Pebble Mine permit because it was akin to an enforcement action, therefore unreviewable under the APA. This ruling creates the interesting dichotomy where the mine can challenge the issuance of the 404(c), but an environmental group cannot challenge its withdrawal. Expect an appeal.

Rumor has it that the new WOTUS rule will finally be published this week in the Federal Register. I'll report out with a link as soon as I see it.

Bristol Bay Economic Development Corps. v. EPA, 2020 WL 1905290 (D. Ak. 2020) (on motion to dismiss in case challenging EPA withdrawal of its 404(c) for Pebble Mine, held that 404(c) is akin to an enforcement action because it prohibits or restricts an individual permit holder, and is therefore unreviewable under the APA; 40 C.F.R. § 231.5 does not require EPA to publicly explain its rationale to withdraw the 404(c))

United States v. Grimmel Industries, Inc., 2020 WL 1879468 (D. Me. 2020) (granting motion to enter consent decree in case involving allegations of violating terms of § 402 permit and SPCC regs; defendants will pay a $250,000 penalty, of which $25,000 will be allocated to the Oil Spill Liability Trust fund)

29 views0 comments

Recent Posts

See All

New 2020 WOTUS Rule Challenge Filed

Two New Mexico tribes filed a new challenge to the 2020 WOTUS rule in the D. of New Mexico on March 29. This complaint sets itself apart from many of the others in that it asserts a failure to abide b

The CWA Blog is Retiring in June

Thirty-three years of practicing law is enough, and I'm retiring this year. Unfortunately, that also means the end of the CWA Blog. I've decided, after careful consideration, to send the Blog off into

Sackett Update

You will recall that the latest chapter of the long Sackett saga is that EPA filed a motion to dismiss the appeal as moot given that the old WOTUS rule, which is the basis of the Sackett challenge, is

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black