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…
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…
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…
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…
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 Pennsylvanias 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…
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 Pennsylvanias 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…