On October 6, 2010, Manchin directed a lawsuit aimed at overturning new federal rules concerning mountaintop removal mining. Filed by the state Department of Environmental Protection, the lawsuit "accuses U.S. EPA of overstepping its authority and asks the U.S. District Court for the Southern District of West Virginia to throw out the federal agency's new guidelines for issuing Clean Water Act permits for coal mines." In order to qualify for the permits, mining companies need to prove their projects would not cause the concentration of pollutants in the local water to rise five times above the normal level. "The New York Times" reported that EPA Administrator Lisa Jackson said the new legislation would protect 95% of aquatic life by banning operators from dumping mine waste into streams.