Jackson Kelly PLLC

Energy and Environment Monitor

Air Quality and Permitting

Court Compels EPA to Respond to Murray Energy’s Discovery Requests in WV Clean Air Act Case

In March 2014, Murray Energy sued EPA in West Virginia.  Murray claimed EPA had failed to conduct “continuing evaluations of potential loss or shifts of employment which may result from the administration of” the Clean Air Act as required by Section 321(a) of that Act.  In particular, Murray claimed EPA had not conducted the required evaluations of the effect of its programs on the coal…

Supreme Court Divided Over Industry Challenge To Mercury Air Rule

EPA issued the Mercury and Air Toxics Standards (“MATS”) rule under Section 112 of the Clean Air Act in December 2011.  That statutory section required EPA to “perform a study of the hazards to public health reasonably anticipated to occur as a result of emissions by electric utility steam generating units” of mercury and other identified pollutants.  It also required EPA to study…

Supreme Court Divided Over Industry Challenge To Mercury Air Rule

EPA issued the Mercury and Air Toxics Standards (“MATS”) rule under Section 112 of the Clean Air Act in December 2011.  That statutory section required EPA to “perform a study of the hazards to public health reasonably anticipated to occur as a result of emissions by electric utility steam generating units” of mercury and other identified pollutants.  It also required EPA to study…

The “Other” Murray Energy Clean Air Act Challenge

Murray Energy is the lead plaintiff in a well-publicized challenge to EPA’s proposed Clean Power Rule in the D.C. Circuit Court.  See In re: Murray Energy Corp. v. Environmental Protection Agency, et al., No. 14-1112 (D.C. Circuit).  But, it is also the only plaintiff in an action against EPA in federal court in Wheeling, West Virginia.  There, Murray has claimed that EPA has…

Federal Court in Pennsylvania Declines to Require Accumulation of Emissions from Non-Contiguous Compressor Stations for CAA Permitting

A federal court in Pennsylvania has ruled that a series of gas compressors used to move gas from wells to larger transmission lines need not be considered a single “source” of air pollution.  See Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., No. 4: 11-cv-1360.  If the eight compressors had been considered a single “source,” then they would likely have been…

Federal Court in Pennsylvania Declines to Require Accumulation of Emissions from Non-Contiguous Compressor Stations for CAA Permitting

A federal court in Pennsylvania has ruled that a series of gas compressors used to move gas from wells to larger transmission lines need not be considered a single “source” of air pollution.  See Citizens for Pennsylvania’s Future v. Ultra Resources, Inc., No. 4: 11-cv-1360.  If the eight compressors had been considered a single “source,” then they would likely have been…

 

© 2024 Jackson Kelly PLLC. All Rights Reserved.