Coal-mining group files second suit against EPA guidelines

The guidelines were issued in draft form April 1. EPA is taking public 
comment until Dec. 1 and will issue final guidelines by next April. But the agency is already using the released guidelines to clarify how
 future Clean Water Act permits are being issued for coal-mining practices in the six states.



NMA is also arguing the guidelines meet “all the legal definitions of regulations” and should be treated to the same process before they 
become final and are actually used, Popovich said.



Coal-state lawmakers from both parties have joined the fight, as well.



A bipartisan group of 15 House lawmakers — led by Rep. Hal Rogers (R-Ky.) and including five Democrats — has so far backed a bill introduced last week to 
block funding next year for EPA to implement the guidelines.

In addition, Popovich said one coal-state Democratic senator has had 
“serious discussions” about offering a companion bill, which could
 come up in this fall’s spending debate. 

The issue was raised at a pro-coal rally attended by House and Senate
 coal-state lawmakers from both parties on Capitol Hill last week.

EPA has countered that the guidelines are based on sound science. EPA 
Administrator Lisa Jackson in a statement when they were released said that 
the “people of Appalachia shouldn’t have to choose between a clean, 
healthy environment in which to raise their families and the jobs they 
need to support them.”