“As recently stated by the U.S. District Court for the District of Columbia, the guidance and related actions by the EPA are, in reality, ‘legislative rules and alter the permitting procedures under the Clean Water Act…’ The court further noted the EPA’s guidance has ‘encroached upon the role carved out for the states under the Clean Water Act by setting region-wide conductivity standards.’ In short, the EPA has modified the Section 404 permitting scheme, authority not granted to it under the Clean Water Act, and has similarly and unlawfully expanded its authority to determine state water quality standards.

“Alarmed at the EPA’s actions in Appalachia and other regions of the country, a total of 121 organizations, representing a broad cross-section of economic activity throughout the United States, successfully called upon the House of Representatives to re-establish the legal authorities of states under the Clean Water Act.”