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Appeals Court Upholds EPA’s 2011 Mine Veto

8/13/2026

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Story summary
  • Environmental Protection Agency (EPA)’s Section 404(c) veto can block projects that President Donald Trump is fast-tracking.
  • A federal appeals court upheld EPA’s 2011 retroactive veto of Mingo Logan’s Spruce No. 1 mine in West Virginia.
  • Myron Ebell, senior advisor to the Fix the EPA Veto Coalition, says the veto power threatens investors and that the House-passed PERMIT Act now stalls in the Senate Environment and Public Works Committee.