US District Court Refuses to Dismiss NMA lawsuit

A US District Court Judge has refused a request by the EPA and the Corps of Engineers to dismiss a lawsuit brought by the National Mining Association that alleges EPA has acted unlawfully in adopting memoranda and guidance that significantly changed the manner in which mountaintop mining permits are reviewed and issued. The story can be found in the Environmental News Service, from which the following quotation was taken:

Judge Walton ruled, "The Court finds the plaintiff's arguments more persuasive and agrees that the plaintiff is likely to prevail on its claim that the EPA has exceeded its statutory authority" under the Clean Water Act by issuing a series of memoranda and a detailed guidance that strengthen the water quality standards that mountaintop removal mining operations must meet.