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Coal company files complaint against EPA

From the March 27, 2014 issue of Public Power Daily

Originally published March 27, 2014

By Robert Varela
Editorial Director
Murray Energy Corp. and several subsidiaries have asked a federal district court to bar the Environmental Protection Agency from promulgating new regulations impacting the coal industry until the agency conducts a review of possible job losses and employment shifts caused by its air pollution regulations, as required by Section 321(a) of the Clean Air Act. "The Clean Air Act is crystal clear in requiring the EPA to evaluate the negative impact that their regulations will have on jobs, but they have repeatedly been derelict in their duty," said Gary Broadbent, assistant general counsel and media director for Murray Energy, an independent coal producer based in Ohio.

"EPA’s war on coal inflicts numerous casualties on the electric generating sector, the largest market for coal in the United States," Murray said in a March 24 complaint filed in the U.S. District Court for the Northern District of West Virginia, Wheeling Division. The agency’s failure to comply with Section 321(a) of the Clean Air Act has harmed Murray "by delaying evaluations that will prevent or impede EPA’s continued efforts to reduce the market for coal," the complaint said.

The company asked the court to order EPA to evaluate whether its administration and enforcement of the Clean Air Act over the past six years has resulted in job losses or shifts in the coal industry. Murray also asked the court to enjoin EPA "from approving further regulations impacting employment in the coal industry and from continuing its New Source Review enforcement campaign against coal-fired power plants for work done after the expiration of the applicable statute of limitations until EPA has completed its evaluation." 


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