From The West Virginia Gazette: A federal judge has overturned the Obama administration's veto of the largest mountaintop-removal mining permit in West Virginia history, saying the agency greatly oversteps its authority in blocking the controversial project.
U.S. District Judge Amy Berman Jackson ruled that the federal Environmental Protection Agency is not authorized to withdraw a Clean Water Act permit that already was issued by the U.S. Army Corps of Engineers.
"This is a stunning power for an agency to arrogate to itself when there is absolutely no mention of it in the statute," Jackson wrote in a 34-page opinion that's been highly anticipated by all sides in the mountaintop-removal debate.
Jackson called the language at issue in the law unclear and confusing, but said the EPA's reading was not a reasonable interpretation.
The decision is a major victory not only for mine operator Arch Coal Inc. but also for the coal industry and for Appalachian political leaders who have been waging a bitter campaign against the EPA's crackdown on mountaintop removal.
"We're pleased the district court has ruled in our favor -- confirming that our Spruce No. 1 permit remains valid," said Kim Link, a spokeswoman for St. Louis-based Arch Coal.
Hal Quinn, president of the National Mining Association, said the ruling "struck another blow for restoring the rule of law and regulatory certainty by rejecting the EPA view that it has unbounded authority to retroactively revoke permits issued by another federal agency."
http://www.wvgazette.com/News/201203230106 Once again, Obama and his minions have chosen to side with wacko environmentalists over people and jobs. Thankfully, a judge in West Virgina saw through the BS of the Obama administration and ruled with common sense.
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