National Mining Association, et al. v. Jackson, et al., No. 10-1220, 2012 U.S. Dist. LEXIS 106057 (D. D.C. Jul. 31, 2012)

(defendant  (EPA) went beyond its statutory authority in issuing "Final Guidance" that ordered regional EPA offices to reject discharge permits for coal mining projects; SMCRA provides only limited role for EPA in reviewing state permitting programs for compliance with CWA water quality standards before approval by Interior Department; beginning with advent of Obama Administration, EPA instructed EPA field offices to deny permits for water discharges from coal mining projects not including conductivity tests measuring salinity of discharges and the water into which the discharge flowed with the result that a moratorium would be regulatorily placed on coal mining permits; such conduct amounted to usurpation of Secretary of Interior's and state's permitting authority under SMCRA; EPA's action was final agency action and was not justified by CWA; court noted that EPA free to change regulations through rulemaking process to require reasonable potential analysis before state issues permit, but could not accomplish same result by issuing final guidance which violated CWA).