Bush-Era Water Rules For Coal Mines Struck Down

Law360, New York (February 21, 2014, 6:23 PM EST) -- A D.C. federal judge on Thursday struck down controversial water regulations that rolled back stream protections near mountaintop removal coal mining sites, finding that the federal government violated the Endangered Species Act by ignoring evidence that the rule put critical habitats at risk.

U.S. District Judge Barbara J. Rothstein rejected the National Mining Association's arguments that the rule must be remanded to the federal Office of Surface Mining for consultation with the U.S. Fish and Wildlife Service, instead finding that the regulations should be vacated entirely.

The Obama administration had already admitted to the court that the government should have consulted...

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