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Coal Wins Another Court Decision

The coal industry and the people of West  Virginia won another in a series of court decisionslast Friday when the U.S. District Court for the Southern District of WestVirginia issued its ruling in the Ohio Valley Environmental Coalition v. UnitedStates Army Corps of Engineers case. The Court said in essence that it is thesole purview of the states, their elected policymakers (such as theLegislature) and state regulatory agencies determine water quality standardswhen granting mining permits.

This is the fourth court decision in recent months that has essentially knockedthe legs out from under the Obama Administration’s war on coal, allsharing the common finding that the EPA has breached the rule of law and the limitationsimposed on it by Congress and usurped the powers of Congress and the states.