Court rules against EPA in Spruce Mine case

The West Virginia RECORD by Michael Tremoglie and Chris Dickerson

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WASHINGTON (Legal Newsline) -- In yet another court case to limit what has been termed an Obama administration EPA power grab, a ruling has resulted in yet another court saying that the EPA is arrogating too much power.

The March 23 ruling by the U.S. District Court for the District of Columbia in the case of Mingo Logan Coal v. EPA came two days after the Supreme Court ruled against the EPA in Sackett v. EPA.

This case -- like Sackett -- involved the EPA's enforcement of the Clean Water Act. Here, the EPA tried to withdraw permission to use two streams as discharge sites. The permission was granted three years earlier by the Army Corps of Engineers.

Just as the Supreme Court ruled in Sackett, the District Court ruled that the EPA's interpretation of its authority to enforce the CWA was erroneous. MORE..................