Federal appeals court rejects EPA water rules for coal plant discharges
The U.S. Court of Appeals for the 6th Circuit also rejected the EPA's approval of five other water pollution regulations. They included a rule dealing with how much pollution from a concentrated animal feeding operation may be discharged into some lakes, streams and rivers.
The decision sends the regulations back to the EPA to be rewritten.
The decision came as a result of a lawsuit filed in 2004 by the Kentucky Waterways Alliance, an environmental group. The alliance sued the EPA during the decade-long dispute over the Clean Water Act, saying the agency approved rules for Kentucky that had so many exemptions that they were practically useless.
The court is requiring the EPA to reconsider Kentucky's exemption for coal-mining discharges. The exemption allows coal mines to dump in areas with good water quality if the state finds a social and economic need for the dumping.
Kentucky's regulations also exempted a variety of pollution discharges into waters in which fish, shellfish and wildlife live.
U.S. District Judge Thomas Russell upheld the regulations in 2006.
The appeals court found that the EPA, in approving the exemptions, failed to explain why their effect would be insignificant.
The appeals court did uphold the EPA's approval of the method Kentucky uses to select waterways meriting special protection.
Judge Deborah Cook wrote for the majority of the three-judge panel that the state gave the EPA a letter saying how it planned to interpret the clean water regulations, a move that doesn't meet the requirements of the federal Administrative Procedures Act.
"This securing an informal commitment from a state agency rather than requiring the state to amend its regulations violates the federal approval procedure," Cook wrote.
Senior Judge Eugene Siler joined Cook in ordering the EPA to rework the regulations.
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The EPA is supposed to stand for Environmental Protection Agency. I think it should be changed to Environmental Plundering Agency.
"The appeals court found that the EPA, in approving the exemptions, failed to explain why their effect would be insignificant."
How convenient. Good to see courts standing up to this blatant disregard for our environment.
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- JanforGore
- added this
- added September 08, 2008
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It's nice to hear about courts actually taking action to protect the people like they are supposed to.
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- Groovatronic
- 4 months ago
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That lake looks disgusting. We need more Lisa Simpsons in this world.
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- jacijacijaci
- 4 months ago
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Courts shouldn't have to enforce rules that the EPA is slacking on. President Obama should have the current EPA imploded, and start fresh with an EPA that actually does it's job.
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Well first, "President" Obama would have to wean himself off courting the coal industry and touting clean coal which will do nothing to stop this kind of pollution. Some seem to think one man is going to simply spread some fairy dust and all will be well... a dangerous frame of mind to get into. The question some should be asking is: What can I do to make this Earth a better place and hold these agencies accountable? There wouldn't be such pollution if people were standing up to it more in this country. Placing hopes in one man or woman is frivolous, especially one who refuses to understand that the very industries he supports with his trying to play both sides are the very industries getting the favors from these agencies.
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- JanforGore
- 4 months ago
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I can't wait to get a Democrat back in office, so we can stop poisoning ourselves and our children for generations to come!
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How f*cked is it that the Environmental Protection Agency has to be forced to protect the environment?
This is what makes choosing our President so important. It's not that one person waves a magic wand and saves the country. We choose a President and they, in turn, delegate certain responsibilities to individuals who reflect the attitudes of the administration as heads of these agencies.
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Erin Brockavich where are you!?!?!?!???
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Jan Brockovitch?
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Brockovitch's Unite!
