Coal company loses war on coal case
Source: Thinkprogress.org
The Fourth Circuit Court of Appeals on Thursday overturned a lower court’s ruling and determined that the Environmental Protection Agency (EPA) is appropriately analyzing the economic impact of regulations under the Clean Air Act.
The case was originally brought by Murray Energy Corporation and a group of subsidiaries and other coal companies, who alleged that the EPA failed to adequately report on how many coal jobs could be or were being lost due to Clean Air Act regulations. West Virginia and 12 other states intervened on behalf of the coal company.
John Walke, director of the Clean Air Project at the Natural Resources Defense Council, said the original case was unprecedented.
“I think this court decision should stifle any future attempts by corporations to go to court to enforce generally programmatic responsibilities by the EPA,” he said. “An avenue for abuse and consumption of resources has been cut off.”
The EPA is required by Congress to “conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement” of its regulations under the Clean Air Act. But the Fourth Circuit’s decision found that Congress specifically intended to protect against judges meddling in the agency’s “complex” processes. It also found that the EPA’s requirements are “broad” and “open-ended.”
Read more: https://thinkprogress.org/coal-company-loses-war-on-coal-case-cb4dd770c152
