NATIONAL MINING ASS'N v. Jackson
816 F. Supp. 2d 37
D.D.C.2011Background
- NMA et al. sue EPA and others challenging MCIR Assessment and EC Process under Clean Water Act §404.
- Consolidated cases involve cross-motions for partial summary judgment; hearing held Sept. 16, 2011.
- EPA and Corps are the permitting authorities under §404; EPA has limited coordinating roles per statute.
- MCIR Assessment screens permits via EPA applying 404(b)(1) guidelines; EC Process adds coordination steps for some permits.
- June 11, 2009 MOU and related documents created enhanced coordination; August 1992 404(q) MOA governs timing and coordination.
- Court previously held EPA changes to the permitting process; this opinion resolves statutory authority and APA notice issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MCIR/EC exceed Clean Water Act authority? | EPA expanded role beyond Congress's design of Corps as permitting authority. | MCIR/EC fall within EPA's general authority to implement statutory functions and coordinate. | EPA exceeded statutory authority; MCIR/EC are unlawful. |
| Was MCIR/EC Process compliant with APA notice and comment? | MCIR/EC had binding rulemaking effect requiring notice and comment. | MCIR/EC are procedural rules exempt from notice and comment. | APA notice and comment requirements were not satisfied; actions violate the APA. |
Key Cases Cited
- Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (U.S. 1984) (two-step framework for agency interpretations)
- Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519 (U.S. 1978) (agency rulemaking and deference limits; procedural flexibility)
- Hurson Associates, Inc. v. Glickman, 229 F.3d 277 (D.C. Cir. 2000) (procedural vs substantive rules; burden on regulated parties)
- Railway Labor Executives' Association v. Nat'l Mediation Bd., 29 F.3d 655 (D.C. Cir. 1994) (statutory authority limits; presumption against broad delegation)
- American Mining Congress v. Mine Safety & Health Admin., 995 F.2d 1106 (D.C. Cir. 1993) (distinguishes legislative vs interpretive vs policy rules; duty to follow notice and comment)
- Doe v. Rumsfeld, 341 F. Supp. 2d 1 (D.D.C. 2004) (relevance to notice and comment; APA procedures in rulemaking)