EPA’s Retroactive Veto Stands

The EPA has the power to retroactively veto Clean Water Act permits issued by the Army Corp of Engineers years prior.

The US Supreme Court has declined to review a case challenging that retroactive veto, therefore, a lower court’s ruling, that the EPA’s actions were within its power, stands.

The decision pleased environmentalists but it outraged businesses which invest capital in projects on the basis of permits lawfully obtained.

How actively the EPA wields this power is uncertain but the fact that the EPA has the power is significant.

Click here to read an article on this issue from Environmental & Energy Publishing.