The EPA's premise of its new guidelines: "no discharge of dredged or fill material may be permitted" under any of three conditions: if the nation's waters would be "significantly degraded"; if it causes or contributes to violations of a state's water quality standard; or if less damaging alternative exists.

In Judge Walton’s conclusions, he said, “How to best strike a balance between, on the one hand, the need to preserve the verdant landscapes and natural resources of Appalachia and, on the other hand, the economic role that coal mining plays in the region is not a question for the Court to decide."

He concluded, “that the EPA has overstepped its statutory authority under the [Clean Water Act] and the [Surface Mining Control and Reclamation Act], and infringed on the authority afforded state regulators by those statutes.”

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