By St. Louis Business Journal now in court, along with the right to have a predictable regulatory environment. â¿¿We believe this decision will have a chilling effect on future U.S. investment because every business possessing or requiring a permit under Section 404 of the Clean Water Act will fear similar overreaching by the EPA. Itâ¿¿s a risk many businesses cannot afford to take.â¿ The EPAâ¿¿s decision Thursday is the culmination of a fight to stop a mine that started in 1998 when a resident of Pigeonroost Hollow, one of the hollows that would be destroyed by the mine, sued the U.S. Army Corps of Engineers to revoke Arch Coal's Clean Water Act permit, the EPA said. That lawsuit, the first ever brought by citizens to stop a mountaintop removal mine, sparked years of litigation against the corps to stop the Spruce Mine. Federal regulators said the corps persists in trying to permit these mines which destroy the very streams that the corps is supposed to protect.