Skip to comments.No Means No: EPA Told Again Not to Regulate Through Guidance
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) 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. Assn v. Jackson (National Mining). 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 courts 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 Waltons two decisions in National Mining determine that EPAs mountain-top mining Guidance is invalid on both procedural and substantive grounds. The decisions thus narrow EPAs role in regulating water quality impacts from mining.
(Excerpt) Read more at martenlaw.com ...
Does three strikes and your out apply?
Not when they are all foul balls.
Yeah, and they'll heed this as well as my youngest grandson when he's told "not to" do something.
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.
Why not? That’s the standard MO for the FAA.
Paragraphs are our friends...
Worse than your grandson, who will at least consider the decision he will make.
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