EPA Overstepped Authority With Mining Rules: Judge

Law360, New York (October 6, 2011, 6:33 PM EDT) -- The U.S. Environmental Protection Agency exceeded its authority under federal law when it issued updated permitting requirements for mountaintop mining, a District of Columbia federal judge ruled Thursday.

In granting summary judgment to the National Mining Association, U.S. District Judge Reggie Walton said the agency's plan to implement more in-depth environmental reviews of pending Section 404 permits, which govern the material that fills or displaces waters adjacent to mountaintop mines, lay within the U.S. Army Corps of Engineers' jurisdiction.

"While it is true that the EPA...
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