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No Means No: EPA Told Again Not to Regulate Through Guidance
Marten Law ^ | 8/16/12 | Jeff Kray

Posted on 08/21/2012 3:28:09 PM PDT by EBH

The U.S. District Court for the District of Columbia has ruled that U.S. EPA overstepped its authority under the Clean Water Act (CWA)[1] and the Surface Mining Control and Reclamation Act (SMCRA) and infringed on state authority under those statutes when it issued a “Final Guidance” for so-called mountain-top removal coal mining. National Min. Ass’n v. Jackson (National Mining).[2] Specifically, the Final Guidance called out certain CWA permits for additional environmental review and to implement (among other things) acceptable “conductivity” levels for streams impacted by coal mining. The district court’s recent decision follows a decision in October 2011 by the same judge, Reggie Walton, that EPA exceeded its statutory authority and violated the Administrative Procedure Act (APA) by relying on interpretive guidance – rather than a regulation – to modify the CWA permitting process for mining activity. See R. Prugh, DC District Court Puts Another Nail in Coffin of EPA Reliance on Guidance Documents, Marten Law Environmental News (November 16, 2011). Taken together, Judge Walton’s two decisions in National Mining determine that EPA’s mountain-top mining Guidance is invalid on both procedural and substantive grounds. The decisions thus narrow EPA’s role in regulating water quality impacts from mining.

(Excerpt) Read more at ...

TOPICS: Government; News/Current Events
KEYWORDS: coal; epaoutofcontrol; mining

1 posted on 08/21/2012 3:28:15 PM PDT by EBH
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Does three strikes and your out apply?

2 posted on 08/21/2012 3:35:28 PM PDT by EGPWS (Trust in God, question everyone else)
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Not when they are all foul balls.

3 posted on 08/21/2012 3:40:34 PM PDT by arrogantsob (Obama MUST Go. Sarah herself supports Romney.)
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To: arrogantsob
... Told Again Not to ...

Yeah, and they'll heed this as well as my youngest grandson when he's told "not to" do something.

4 posted on 08/21/2012 3:46:00 PM PDT by ken in texas (I was taught to respect my elders but it keeps getting harder to find any.)
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H.R.750 - Defending America’s Affordable Energy and Jobs Act

To preempt regulation of, action relating to, or consideration of greenhouse gases under Federal and common law on enactment of a Federal policy to mitigate climate change. (Strip the EPA of the power to regulate “greenhouse” gases)

Git er done and ask your congressman to get on board with the other 103 co sponsors.

5 posted on 08/21/2012 3:56:19 PM PDT by cripplecreek (What does it profit a man if he gains the whole world but loses his soul?)
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Why not? That’s the standard MO for the FAA.

6 posted on 08/21/2012 4:32:38 PM PDT by PhiloBedo (You gotta roll with the punches and get with what's real.)
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To: PhiloBedo


7 posted on 08/21/2012 4:34:07 PM PDT by PhiloBedo (You gotta roll with the punches and get with what's real.)
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Paragraphs are our friends...

8 posted on 08/21/2012 6:01:08 PM PDT by publius911 (Formerly Publius 6961, formerly jennsdad)
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To: ken in texas

Worse than your grandson, who will at least consider the decision he will make.

9 posted on 08/21/2012 9:08:33 PM PDT by Bshaw (A nefarious deceit is upon us all!)
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To: publius911

That was the first paragraph from the article. I don’t edit another author’s work or efforts. If you have a problem with the paragraph contact the author. Thank you.

10 posted on 08/22/2012 3:46:39 AM PDT by EBH (Obama took away your American Dreams and replaced them with "Dreams from My (his) Father".)
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