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A federal appeals court has once again upheld the U.S. Environmental Protection Agency’s veto of a permit for a mountaintop mining proposal in West Virginia.
The Charleston Gazette-Mail reports that the U.S. Court of Appeals for the District of Columbia ruled in favor of the EPA’s veto in a 2-1 vote Tuesday.
Judge Karen Henderson wrote that the EPA had considered the relevant factors it needed to when it vetoed a Clean Water Act permit for Arch Coal’s proposed mine near Sharples in 2011.
The court’s decision is the second time a court upheld the EPA’s veto. In 2013, a federal appeals court also ruled that the EPA had the legal authority for the veto.
The EPA and Arch Coal didn’t comment on the court’s decision.
