Cases & Deals

United Company supports Mingo Logan Coal Company as amicus curiae in important environmental case before D.C. Circuit

Client(s) United Company, The

In September 2012, Jones Day filed an amicus brief before the D.C. Circuit on behalf of The United Company seeking affirmance of the lower court's determination that the Clean Water Act does not authorize the EPA to revoke a § 404 permit after it is issued.  The brief argued that even if the text of the Act is ambiguous, the Court should reject the EPA's interpretation pursuant to the canon of constitutional avoidance because this interpretation raises serious constitutional questions under Kaiser Aetna v. United States, 444 U.S. 164, 179 (1979).  Jones Day also filed a similar amicus brief before the lower court.

Mingo Logan Coal Co. v. EPA, 850 F. Supp. 2d 133 (D.D.C. 2012); Mingo Logan Coal Company v. EPA, No. 12-5150 (D.C. Cir.)