The EPA is deciding these cases on an individual basis, in consultation with the Army Corps of Engineers to ensure that the Clean Water Act is not violated. Seventy-nine projects have been identified by the EPA for consideration, and many have been tied up in the courts. It recently announced that two operations in West Virginia may proceed, having determined that the companies in question have altered their operations in order to meet the Clean Water Act’s requirements. They have not issued any across-the-board banning of mountaintop mining, nor does it have the authorization to do so. Congress approved mountaintop mining in 1977, but projects are regulated by several federal laws.
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