Thursday, February 23, 2017

EPA fighting order requiring agency to study impact of Clean Power Plan regulations on coal jobs

The Environmental Protection Agency has asked an appeals court to reverse a ruling last year by a West Virginia federal judge ordering the agency to study the impact of Clean Power Plan regulations on job losses, Amanda Reilly reports for Greenwire. In a filing on Tuesday U.S. Department of Justice attorneys argued that the study imposes "substantive obligations," has "no basis in the statute" and is "outside the bounds of the court's authority."

U.S. District Court Judge John Preston Bailey required EPA "to submit by July 1 an evaluation of how its Clean Air Act regulations affect coal jobs, mine closures and power plant shutdowns," Reilly writes. "Bailey agreed with Murray Energy Corp., which filed a lawsuit in 2014, that EPA failed to comply with a section of the law requiring continuing economic evaluations of its regulations. He issued the July 1 deadline after finding that EPA's initial plan to comply with the provision was insufficient."

"While most of the court action in the lawsuit took place during the Obama administration, the Trump DOJ moved to appeal the ruling earlier this month," Reilly writes. "The government, in its opening brief, raised both procedural and substantive arguments against's Murray's claims in the lawsuit. Murray CEO Robert Murray is a major Trump supporter. The district court, DOJ argued, did not have the jurisdiction to hear Murray's claims because the Clean Air Act did not impose an enforceable mandatory duty on EPA to evaluate job losses."

No comments: