Manufacturers and Bipartisan Group of 27 U.S. States Challenge EPA Ruling

EPA’s Actions in Case Create Uncertainty, Hurt Future Investment

NAM Senior Vice President and General Counsel Linda Kelly released this statement after the Manufacturers’ Center for Legal Action joined with other business associations in filing an amicus brief in Mingo Logan Coal Company v. Environmental Protection Agency (EPA). A bipartisan group of 27 states also filed a brief challenging the EPA’s actions in this case:

“It is impossible to overstate the negative impact the EPA’s actions in this case will have on future investment and job creation, which is why such a diverse group of business associations along with 27 states are fighting this ruling.

Congress explicitly vested the Army Corps of Engineers with authority to issue Section 404 permits; yet, the EPA now believes—for the first time ever—that it has the ability to revoke these permits. This precedent has the potential to impact an array of future projects, including the construction of utility infrastructure; housing and commercial development; renewable energy projects, such as wind farms or solar arrays; and transportation infrastructure projects, such as highways and rail lines.

Manufacturers are already disproportionately affected by federal regulations, and the EPA’s actions in this case only add to that burden while creating uncertainty for businesses across the country.”

The Manufacturers’ Center for Legal Action serves as the leading voice of manufacturers in the courts, representing the 12 million men and women who make things in the United States. The Center strategically engages in litigation as a direct party, intervenes in litigation important to our manufacturers and weighs in as amicus curiae on important cases. To read more about the Manufacturers’ Center for Legal Action, click here.