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Equating stream structure with function

Sangi, Emily
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Abstract
"On February 13, 2009, the U.S. Court of Appeals for the Fourth Circuit in Ohio Valley Environmental Coalition v. Aracoma Coal Co., reversed a decision by the Southern District of West Virginia, which had invalidated the Army Corps of Engineers’ (Corps) issuance of four permits authorizing the burial of streams in conjunction with mountaintop removal coal mining projects.1 This is the fourth time the Fourth Circuit has struck down a lower court decision disfavoring this destructive mining practice.2 This decision improperly upholds the agency’s disregard of its regulatory duty to conduct functional assessments of aquatic ecosystems, which forebodingly opens the door for such disregard in contexts outside of mining." (p. 1)
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2010
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With permission of the license/copyright holder
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