US Can't Shake Suit Over Coal Mine Permitting

Law360, New York (January 18, 2011, 2:00 PM EST) -- A federal judge has refused to dismiss a National Mining Association lawsuit alleging the U.S. government has unlawfully impeded surface coal mining efforts in Appalachia by changing the requirements for obtaining Clean Water Act valley fill permits.

Judge Reggie B. Walton of the U.S. District Court for the District of Columbia denied the U.S. Environmental Protection Agency and the Army Corps of Engineers' motion to dismiss the suit and denied the National Mining Association's motion for a preliminary injunction Friday.

At issue in the suit are...
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