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Case Summary Citation

Murray Energy Corporation v. McCarthy, No. 5:14-CV-39, 2016 U.S. Dist. LEXIS 143404, 2015 WL 7017009 (N.D. W. Va. Oct. 17, 2016)

Abstract

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.

 

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