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Murray Energy Corp. v. McCarthy

ELR Citation: 46 ELR 21067
Nos. 5:14-cv-39, (N.D. W. Va., 10/17/2016) (Bailey, J.)

A district court held that EPA, in connection with its enforcement and implementation of the CAA, failed to adequately evaluate potential job losses, particularly with respect to the coal industry, in violation of CAA §321(a). Section 321(a) requires EPA to “conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provisions of [the CAA] and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement.” The judge ruled that the plain language of the Act, as well as its legislative history, demonstrate Congress' intent to create an "express, unambiguous requirement" on EPA "of a continuing nature." It gave EPA until October 31 to submit a plan and schedule for complying with §321(a), both generally and specifically for the coal industry.