Limiting EPA Vetoing Power of Mining Permits (S. 2156)

What is S. 2156?

(Updated July 13, 2017)

This bill would limit the regulatory role of the Environmental Protection Agency (EPA) in reviewing Clean Water Act permits. Such permits allow mining companies to dump dredge and/or fill material into bodies of water. Currently, the EPA can retroactively revoke permits (known as 404 permits) that are applied for by mining companies and initially granted by the U.S. Army Corps of Engineers. This bill would prohibit preemptive and retroactive vetoing of Corps-approved permits. 

Argument in favor

The EPA's regulatory process is regime-like, and disallows for even the possibility of growth for an industry that has seen enormous job and profit loss over the course of the last decade.

Argument opposed

Environmental assessments are not static, and it's the EPA, not the U.S. Army Corps of Engineers, that both does and should have final say in approving projects that affect environments.

Impact

The bill impacts the EPA's ability to retroactively revoke permits

Cost of S. 2156

A CBO cost is currently unavailable.

Additional Info

Media: 

In 2007, the Corps issued a Section 404 permit to Mingo Logan in West Virginia authorizing the company to discharge dredged and/or fill material into waters of the United States during mining activities. Two years later, the Corps rejected an EPA request for the Corps to suspend, revoke, or modify the issued permit.  After being rejected by the Corps, EPA in 2010 claimed the authority to unilaterally revoke Mingo Logan’s permit under Section 404(c) of the Clean Water Act (CWA).  EPA’s 2011 decision to finalize the revocation of Mingo Logan’s permit was upheld by a federal court on April 23, 2013.