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Full-Text Articles in Law
Clean Air Council V. Pruitt, Oliver Wood
Clean Air Council V. Pruitt, Oliver Wood
Public Land & Resources Law Review
The United States Court of Appeals for the District of Columbia granted a motion for summary vacatur against the Environmental Protection Agency after environmental groups challenged the agency’s reconsideration of the Obama-era methane rule under the Clean Air Act. The court held that the EPA unlawfully issued a stay after it reconsidered the rule without proper authorization. The court vacated the EPA’s stay, one example of the Trump Administration unsuccessfully repealing Obama-era rulemaking.
Murray Energy Corporation V. Administrator Of Environmental Protection Agency, Peter B. Taylor
Murray Energy Corporation V. Administrator Of Environmental Protection Agency, Peter B. Taylor
Public Land & Resources Law Review
Congress amended the Clean Air Act in 1977 because of public concern that enforcement of the Clean Air Act would have adverse effects on employment. Section 321(a) tasks the Administrator of the Environmental Protection Agency with a continuous duty to evaluate the potential employment impact of the administration and enforcement of the Clean Air Act. In Murray Energy Corporation v. Administrator of Environmental Protection Agency, the United States Court of Appeals for the Fourth Circuit ruled on whether the federal court’s authority to review and enforce non-discretionary Clean Air Act duties extended to the EPA’s Section 321(a) duty to continuously …
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Murray Energy Corporation V. Mccarthy, Sarah M. Danno
Public Land & Resources Law Review
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.
Helping Hand Tools V. United States Environmental Protection Agency, Emily A. Slike
Helping Hand Tools V. United States Environmental Protection Agency, Emily A. Slike
Public Land & Resources Law Review
When the EPA decided to treat biomass fuel sources differently within the BACT analysis, the Ninth Circuit continued Chevron’s legacy and granted the agency deference. The Bioenergy BACT may develop as science continues to evolve, but because the EPA took a “hard look” during a thorough permit review, the court held that agency issuance of new BACT guidelines was reasonable.