U.S. District Judge Reggie Walton, siding with several states, including West Virginia, and the National Mining Association, said the EPA exceeded existing permitting responsibilities held by other state and federal agencies to block the issuance of new permits and overstepped its authority by establishing new Clean Water Act criteria for mining.

"The federal policies were overly restrictive standards that went well beyond the EPA's authority in the permitting process," Gov. Earl Ray Tomblin said. "The court declared that the standards are unlawful and that the federal EPA had 'overstepped its statutory authority' in violation of federal law and the required rulemaking process.

" The opinion said the EPA inappropriately usurped West Virginia's authority to regulate coal mining and protect the environment. Tomblin expressed his gratitude to the court for its recognition of the huge over-reach attempted by the EPA. "First and foremost, this is a significant win for our coal miners."

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