“We are disappointed with the decision by a three-judge panel of the U.S. District Court of the District of Columbia to reverse and remand a decision by Judge Amy Berman-Jackson, also of the D.C. Circuit, which overturned a veto of the Spruce mine permit by the U.S. EPA. The three-judge panel remanded the case back to Jackson to consider the remaining parts of the case that related to the specific facts surrounding the Spruce Mine permit.”
"Under the Appeals Court decision, a permit is no longer a license to work but has been relegated to mere permission to operate only as long as you are in EPA’s good political graces. The decision is clear evidence that Congressional action in necessary to restore the appropriate balance between the authority of the Corps of Engineers and that of EPA.