WASHINGTON—Today, a U.S. District Court for the District of Columbia in NMA v. Jackson ruled that the EPA has been illegally overstepping its role in the 404 permitting process. Dozens of permits are being held in limbo in the “enhanced coordination” process which the EPA has been using to purposefully delay the approval process. Congresswoman Shelley Moore Capito, R-W,Va. Co-Founder of the Congressional Coal Caucus, released the following statement: “Today’s court ruling reaffirms what we’ve known all along in Appalachia, that the EPA has been overstepping its boundaries in the permit approval process in order to advance an anti-coal agenda. The EPA has tried everything, from abusing their regulatory authority to issuing “guidance” reports in order to overstep the bounds of its traditional role in the permitting process. It’s about time the Courts ruled “enough is enough” by reestablishing the Army Corps of Engineers role as the primary permitting authority.
“This is a significant step in our efforts to rein in the EPA which remains intent on rewarding a core constituency that doesn't want any coal mining, no matter the cost to West Virginia or our nation. I will continue to monitor this important ruling and what it means for West Virginia.”
BACKGROUND
In June, Capito voted in favor of H.R. 2018 which reasserts the State’s role in the permitting process under the Clean Water Act. The bill restricts the EPA’s ability to second-guess or delay a State’s permitting and water quality certification decisions as well as its ability to issue a revised or new water quality standard whenever a State has adopted and EPA already has approved a water quality standard and prohibits EPA from superseding a water quality certification granted by a State under Clean Water Act section 401.