Federal Judge Denounces EPA As Rogue Agency
13th January 2017
In 2014, Murray Energy Corporation and several of its affiliates sued EPA Administrator Gina McCarthy, alleging that the EPA was in violation of 42 U.S.C. § 7621, § 321(a) of the Clean Air Act, which requires the agency to “conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provision of [the Clean Air Act] and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement.”
The case is venued in West Virginia, and U.S. District Judge John Preston Bailey presides. In 2016, the parties filed cross motions for summary judgment. On October 17, 2016, Judge Bailey denied the government’s motion and granted Murray Energy Corporation’s motion. This means that Murray won the case.