In Mingo Logan, which I wrote about here, the EPA’s reading of the Clean Water Act was shot down pretty hard by Judge Amy Jackson of the US District Court for D.C., an Obama appointee. Here’s one highlight: “EPA’s interpretation fails because it is illogical and impractical.”
The EPA had sought to essentially revoke a waste disposal permit granted to a coal mining company. The EPA believes that the permit will lead to unacceptable environmental damage.
Despite the somewhat harsh opinion from Judge Jackson, on May 11th the EPA filed a notice of appeal to the D.C. Circuit Court.