Judge Buries EPA Mountaintop Mining Guidance

Law360, New York (July 31, 2012, 6:30 PM EDT) -- A Washington federal judge on Tuesday said the U.S. Environmental Agency overstepped its authority in issuing guidance over environmental permitting regulations for mountaintop mining in Appalachia, the second time he's struck down agency action on the issue in less than a year.

U.S. District Judge Reggie B. Walton said the EPA infringed on the authority given to state regulators by the Clean Water Act and Surface Mining Control and Reclamation Act when it issued the final guidance in June 2011. The judge, who struck down the...
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