A federal appeals court has reversed a lower court ruling against the U.S. Environmental Protection Agency, in a case with wide-ranging ramifications.
Not long after President Barack Obama took office, his EPA revoked a permit for a surface mine in West Virginia. The permit already had been granted by the Army Corps of Engineers.
As has been noted, the EPA action will be chilling for all economic development, not just mining. It means no one can ever be certain a federal permit or license, once granted, cannot be revoked with no new evidence in addition to that already submitted successfully to the government.
Yet this week, an appeals court ruled the EPA can do just that. That ruling should be appealed to the Supreme Court. Meanwhile, Congress should curb the EPA's power.