According to a ruling by U.S. District Court Judge Amy Berman the U.S. Environmental Protection Agency (the EPA) overstepped its authority last year when it vetoed a Clean Water Act permit for a mountaintop-removal coal mining project in West Virginia.
U.S. District Court Judge Rules Against the EPA Infringement on Rights of Landowners.
The ruling is consistent with the view of the National Association of REALTORS® (the NAR), which joined other groups in an amicus brief saying the EPA doesn’t have authority to veto a permit issued by the U.S. Army Corps of Engineers, and that it’s own analysts had previously reviewed.
This is important for Oklahomans and landowners in other states who are worried about infringement by the EPA on their rights as property holders.
In Oklahoma coal typically belongs to the surface owners not the owners of the severed mineral estate (“oil, gas and other minerals” in Oklahoma means oil and gas).
This ruling is a victory for landowners who own their land in fee simple or who own surface rights only.
Now we just need a similar ruling to keep the EPA from trying to infringe upon the rights of the owners of the mineral estate, as in the case of those mineral estate owners in the Allegheny National Forest, who have been under attack by the EPA.
Don’t get me wrong. I am warm and fuzzy about our environment. I just don’t want to see the EPA extending the police powers of the federal government any further over and against the rights of individual private property owners.
Thank your local REALTOR® by sending me your referrals to help you buy or sell land in Oklahoma.








