(Kentucky) "We've been expecting the release ofa final guidance from the Environmental Protection Agency regarding coal
mine permitting in the Appalachian region, and we will be reviewing this
document thoroughly. Our concern, however, is that the EPA will continue
to use 'guidance' rather than a legal administrative 'rule' as a means
to object to permits that are legal and in accordance with existing
Clean Water Act requirements. The EPA has already overstepped its
authority and used its interim guidance to object to legal permits
within Kentucky and other states. I am not optimistic that release of
this final guidance will lead to a different outcome. The only realistic
solution is for the EPA to follow proper administrative protocols,
protocols which allow for legitimate public input and appropriate
judicial review."
