AL, 28 other states join suit over certainty of Clean Water Act - KAIT-Jonesboro, AR-News, weather, sports

AL, 28 other states join suit over certainty of Clean Water Act permits

Posted: Updated:
Source: MGN Online Source: MGN Online
  • Most Popular StoriesMost Popular StoriesMore>>

  • Original victim files suit against OBGYN

    Original victim files suit against OBGYN

    Friday, April 18 2014 12:00 AM EDT2014-04-18 04:00:19 GMT
    PARAGOULD, AR (KAIT) - The Paragould OB/GYN accused of taking nude photos of some of his patients had his first court appearance Thursday. He was arrested Wednesday night at a Newport hotel. Dr. Paul
    The patient that brought all of this to the forefront has now filed civil suit against the doctor and explained in detail what Becton allegedly did to her during that exam that she said led up to him taking nude photos of her.
  • NEW: Malpractice suits dismissed against arrested doctor

    NEW: Malpractice suits dismissed against arrested doctor

    Friday, April 18 2014 2:18 PM EDT2014-04-18 18:18:42 GMT
    JONESBORO, AR  (KAIT) – A Paragould doctor accused of taking nude photographs of at least one patient is due in court again on May 30, but more information is coming to light after his arrest. Dr. Paul
    A Paragould doctor accused of taking nude photographs of at least one patient is due in court again on May 30, but more information is coming to light after his arrest.
  • Fire burns vacant home in SW Jonesboro

    Fire burns vacant home in SW Jonesboro

    Friday, April 18 2014 12:34 PM EDT2014-04-18 16:34:25 GMT
    JONESBORO, AR (KAIT) – A portion of Southwest Drive is closed this morning as crews are work on a house fire. According to Jonesboro dispatch the home is vacant. Southwest Drive has been closed from
    Southwest Drive was closed during the morning rush Friday after crews battled a house fire.
MONTGOMERY, AL (WSFA) -

The State of Alabama is joining 27 other states in an amicus brief in support of West Virginia's request for the U.S. Supreme Court to review a circuit court's decision to uphold an Environmental Protection Agency veto of a Clean Water Act permit.

[DOCUMENT: Brief to the U.S. Supreme Court (.pdf)]

Alabama Governor Robert Bentley announced the state's support Tuesday. The decision, by the Circuit Court of Washington, D.C., upheld the EPA's veto of the permit issued to Mingo Logan Coal Company in WV under Section 404 of the Act.

"The authority asserted by the EPA in the Mingo Logan case is unprecedented," Governor Bentley said. "Alabama has joined West Virginia in support of challenging the D.C. Circuit Court's opinion that gave overreaching power to the EPA. If the decision by the D.C. Circuit Court stands and the EPA has unlimited veto authority, all states will be subject to devastating uncertainty with respect to public works projects that require 404 permits under the Clean Water Act."

Section 404 requires a permit before any material related to a public works project can be discharged into waters.

For Alabama, and other states, the D.C. Court's EPA decision could have major effects. The case poses a challenge to the EPA's veto authority using the Clean Water Act, and was used four years after the U.S. Army Corps of Engineers issued a permit to the WV mining company.

The brief to the Supreme Court contends:

"The D.C. Circuit's decision—granting EPA power under the Clean Water Act to veto a 404 permit "whenever"—threatens public works projects in every State and fundamentally alters the way water pollution is regulated in this country. From coast to coast, highways, bridges, hydroelectric dams, and water reservoirs—just to name a few—are all at
increased risk of cancellation by a federal agency that often vacillates with the political winds. In addition, the permitting processes that have long been the primary responsibility of the Corps and the States are now subject at any time to being overruled by EPA."

Alabama's segment of the brief focuses on the $5.4 billion Northern Beltline project which is expected to enhance cross-region accessibility, create jobs and stimulate economic growth in the Birmingham area. The Corps issued a 404 permit for the first segment of the project back in September. The project is expected to last at least 30 years.

States involved in the suit include: West Virginia, Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia,
Wisconsin, and Wyoming.

Copyright 2013 WSFA 12 News.  All rights reserved.

Powered by WorldNow

472 Craighead Co. 766
Jonesboro, AR 72401
(870) 931-8888

FCC Public File
publicfile@kait8.com
(870) 336-1816
EEO Report
Closed Captioning

All content © Copyright 2000 - 2014 Worldnow and KAIT. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.