On July 21, 2011, the EPA released new guidance on the issuance of Clean Water Act permits for Appalachian surface coal mining operations. The new guidance replaces the April 1, 2010 version that has produced a virtual moratorium on the issuance of permits for new or expanded surface coal mining operations. The new version suffers from the same legal deficiencies as the previous guidance – failure to follow notice and comment rulemaking procedures and intrusion into the water quality standard-setting role allocated to states under the Clean Water Act.
Featured