National Mining Association v. Jackson (2012)
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Effectively creating a conductivity water quality effluent limit Defendants argue that this Court cannot rule in Plaintiffs’ favor because doing so would effectively create a conductivity water quality effluent limit — precisely the action which a federal district court, in National Mining Association v. Jackson, 880 F.Supp.2d 119, 137-38 (D.D.C.2012), ruled to be beyond the authority of the EPA, despite the EPA’s otherwise broad powers under the CWA.
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Sierra Club v. Patriot Mining Co. (2014)
(The EPA guidance, described in the body of this decision, sets a numeric limit on conductivity at 500 microsiemens/cm; however, the United States District Court for the District of Columbia found that this standard “removes the reasonable potential analysis from the realm of state regulators.” National Mining Association v. Jackson, 880 F.Supp.2d 119, 141 (D.C.
In Elk Run, Defendants argued that liability based on conductivity levels would effectively create a water qualify effluent limit, which according to a federal district court in Nat’l Mining Ass’n v. Jackson, 880 F.Supp.2d 119, 137-42 (D.D.C.2012), exceeded EPA authority.