West Virginia Coal Ass'n v. Reilly

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the plaintiffs’ motion for summary judgment. The question presented to the court is whether the United States Environmental Protection Agency (hereinafter, “EPA”) has statutory authority under the Clean Water Act to adopt a policy which generally prohibits in-stream treatment ponds and fills and to object to draft National Pollutant Discharge Elimination System permits submitted to it by the West Virginia Department of Natural Resources on the basis that the draft permits authorize such ponds and fills.

I. Background

I…