Arch Coal and the NMA expressed sound disapproval. “As a result, uncertainty now hangs over any project and companies will no longer have the assurance to encourage investments, grow our economy and create U.S. jobs,” NMA President and CEO Hal Quinn said in a statement.

The court did not determine whether the EPA’s action in the particular case was permissible, however, and it has been remanded to the district court. Mingo Logan, for its part, may also pursue an “en banc” review of the latest decision, or petition for certiorari to the U.S. Supreme Court on the issue of the EPA’s Sec. 404 authority.

The NMA represents more than 325 businesses in all aspects of coal and solid minerals production including metal and industrial mineral producers, processors, manufacturers, state associations, engineering firms, financial institutions, and other companies that supply goods and services to the mining industry.