Judge Says EPA Mining Guide Likely Unlawful But Denies Industry Stay

摘要

A federal judge says the mining industry is likely to succeed in overturning EPA's strict new policies cracking down on mountaintop mining in Appalachia on the grounds that the agency's guidance violates the Administrative Procedure Act (APA) and Clean Water Act (CWA). But U.S. District Judge Reggie B. Walton Jan. 14 denied industry's motion for a preliminary injunction blocking implementation of the guidance on the grounds that it has not demonstrated immediate, irreparable harm resulting from the new policies. Relevant documents are available on InsideEPA.com. Seepage 2 for details. Industry sources are encouraged by the ruling, arguing that it strengthens their argument that EPA's actions are final and subject to judicial review and has overstepped its CWA authority.