ELR Citation: 43 ELR 20107
No(s). 12-1999 (4th Cir. May 15, 2013)

The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia. Environmental groups challenged the permit on two grounds. First, they argued that the Corps made "a material factual error" and "misapprehended" the baseline con...