Along with state Department of Environmental Protection secretary Randy Huffman, Tomblin filed a final brief in the US District Court in Washington, DC, to continue its challenge of the EPA’s lack of permitting of new surface mines.

“This lawsuit is about the rights of our state to regulate itself within the scope of the existing federal and state laws,” Tomblin said.

“The EPA has overstepped its bounds, taken that right away and we're simply fighting to get it back.”

Tomblin cited the decision made by US District Judge Amy Berman Jackson late last week that reversed a January 2011 ruling by the US Environmental Protection Agency pulling Mingo Logan Coal’s Spruce No.1’s environmental permits which had initially been issued by the US Army Corps of Engineers in 2007.

Berman Jackson ruled that the EPA did not have the authority to change course and revoke an active permit and it also exceeded its authority under the Clean Water Act.

“I believe that ruling further clarifies our position in this case: the EPA has gone too far,” Tomblin said.

He said the final brief he and Huffman filed on behalf of West Virginia culminated in the state's challenge to the EPA which “through questionable and unlawful actions” had put forth policies and procedures that usurped the state's authority over mining.

It also created a significant delay in the issuance of permits.

The case had been in progress for some time – it was first opened under the administration of former governor Joe Manchin, who left office last year to succeed the West Virginia Senate seat of the late Robert Byrd.

Tomblin said he had “aggressively pursued” the issue since taking office.

The DEP, National Mining Association and others filed suit against the EPA and the US Army Corps of Engineers in 2010 arguing that the enhanced coordination process that was used to review Section 404 valley fill permits, as well as the EPA’s 2010 now-final guidance document for water quality permits, violated the Clean Water Act along with the Surface Mining Control and Reclamation Act and the Administrative Procedures Act.

US district judge Reggie Walton sided with the DEP and the state of West Virginia in a 2011 ruling when the two challenged the EPA’s EC process.

Walton cited the EPA’s overstep of statutory authority under the Clean Water Act in that case as well and also held that the EPA had violated the Administrative Procedures Act by amending the Section 404 process without a notice-and-comment rulemaking.

The process subsequently returned the Section 404 permits to normal processing.

Tomblin praised Walton for his rulings in favor of the state’s mining industry.

“I expect a similarly favorable result in this second half of our challenge to the EPA,” the governor said.

“The EPA continues to exceed the authority granted to it by Congress in regulating water quality in the Appalachian Basin and it must stop.”

A June 1 hearing has been set for a final still-pending challenge filed by the state arguing that the EPA cannot issue water quality standards outside of its normal rule-making procedures.