An update on the "War on Coal"

On October 6, a federal court judge ruled that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Water Act by implementing an Enhanced Coordination Process (ECP) that usurped the permitting authority originally tasked to the Army Corps of Engineers. The National Mining Association filed suit alleging that the EPA had been exceeding its authority by issuing the ECP and through the EPA’s guidance document, which were an attempt by the EPA to implement new standards outside of the normal rule-making procedures. The alleged effect of the ECP was an additional burdensome review that allowed the EPA to withhold the issuance of mining permits.

This ruling only deals with the coordination process and the legal battle over the guidance document continues. While this ruling is seen as a victory for mining companies, the future mine permits remains unclear. The complete opinion can be found at http://www.jacksonkelly.com/jk/pdf/c2161115.pdf.