Mingo Logan Coal Company v. United States Environmental Protection Agency, No. 12-5150, 714 F.3d 608 (D.C. Cir. 2013)

(defendant withdrew coal mining disposal site specifications received pursuant to discharge and fill permits received in accordance with 33 U.S.C. Sec. 1344 which effectively barred plaintiff from discharging into site; trial court granted summary judgment on basis that defendant did not have statutory authority to retroactively disapprove dredge and fill permits issued by U.S. Army Corps of Engineers under Sec. 404 of CWA; on appeal, court held that the Congress, in using the conjunction "whenever" in U.S.C. Sec. 1344(c), intended to grant EPA authority to do anything it wanted to with a specification at any time including broad veto power that extended beyond the issuance of the permit; defendant's authority exists independently of Corps).