The coal industry joined 12 other affected industry groups in filing “friend of the court” briefs in the United States District Court for the District of Columbia supporting Arch Coal’s Mingo Logan Coal Company motion for summary judgment in the Spruce Mine case.
In the first brief, the National Mining Association, the West Virginia Coal Association and other state coal associations focused on exposing the flawed science and predetermined outcomes the U.S. Environmental Protection Agency (EPA) relied upon in making its final determination to retroactively revoke the Mingo Logan Spruce Mine Clean Water Act Section 404 permit.
The brief brought to the court’s attention scientific analyses commissioned by NMA, which were completely ignored by EPA and that challenged the scientific conclusions and methodologies the agency used to develop an ad hoc water quality standard. Further, the brief explains how EPA evaded important regulatory procedures required by the Clean Water Act, avoided independent peer review and did not adhere to the agency’s guidelines in producing the new standard. The brief concludes that because the science underlying EPA’s final determination is plagued with all these infirmities, the veto determination should be set aside.
The second brief, filed by a coalition of twelve independent industries, focused on the economic impact of the current cloud of uncertainty the industry faces with regard to Section 404 permits. The group commissioned an analysis, prepared by Dr. David Sunding, a professor in the Department of Agricultural and Resource Economics at the University of California at Berkeley.
According to Sunding’s report, Economic Incentive Effects of EPA’s After-the-Fact Veto of a Section 404 Discharge Permit Issued to Arch Coal, the negative effect on investment would be strong, even if the risk of EPA exercising its veto authority is relatively small.
Contact Jason Bostic at (304) 342.4153or jbostic@wvcoal.com with any questions you might have.