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Murray Energy Corp. v. McCarthy

ELR Citation: 45 ELR 20067
Nos. 5:14-CV-39, (N.D. W. Va., 03/27/2015) (Bailey, J.)

A district court held that coal companies have standing in their CAA lawsuit against EPA for failing to evaluate the potential for job losses stemming from the Agency's CAA regulation and enforcement efforts. The coal companies alleged that EPA's actions have had a coercive effect on the power generating industry, essentially forcing them to discontinue the use of coal. These allegations are sufficient to show that the claimed injuries are fairly traceable to the actions of EPA. In addition, the injuries are redressable: If the court were to grant the requested injunctive relief and require EPA to review possible job losses, the results of the inquiry may have the effect of convincing EPA to relax or alter its prior decisions. And the coal companies fall within the zone of interests protected by the statute. The court, therefore, denied EPA's motion to dismiss the case for lack of standing.