Press Releases

Congressman Morgan Griffith (R-VA) issued the following statement today regarding the ruling of the U.S. District Court for the District of Columbia in National Mining Association (NMA) v. Administrator Lisa Jackson and the Environmental Protection Agency (EPA). The Court found that EPA has been overstepping its role in the mine permitting process:

“Again the EPA has gone too far. Yesterday the Court found what the people of Southwest Virginia and many in Congress have known for some time – the EPA is overstepping its authority. This decision by the Court marks an important step in stopping the EPA from making up new illegal processes designed to withhold mine permits. The EPA seems to believe its mission is to make it increasingly difficult for the United States to tap into its domestic energy resources, including coal, oil, and natural gas. 

“By withholding permits, the EPA is preventing the creation of new jobs. Today’s disappointing September jobs report is a prime example of the need for more jobs in our economy. Not only do many Southwest Virginia families depend on the coal mines for jobs, but their closure would also threaten to raise energy costs for every American. The Obama Administration’s EPA needs to realize sooner rather than later that there is a balance between protecting the environment and keeping America’s economy strong.”

BACKGROUND

Under the Clean Water Act, the Army Corps of Engineers bears primary responsibility for the issuance of permits for mountaintop mining permits.  While the EPA can review permits under its Section 404 Authority, the Court found that the EPA’s enhanced review procedures exceeded its authority under the statute.  According to the Court, the EPA’s “MCIR [Multi-Criteria Integrated Resource] Assessment and the EC [Enhanced Coordination] Process are not consistent with the legal duties and authority accorded the EPA by Section 404 of the Clean Water Act.” 

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