Renewable Energy UpdateEnvironmentalEPA Tries to Block Murray Energy's Deposition of Gina McCarthyNovember 16, 2015 We have previously written about Murray Energy’s lawsuit against EPA in the Northern District of West Virginia. There, Murray Energy claims that EPA has failed to conduct studies required by Section 321 of the Clean Air Act about the effects of its rules and enforcement actions on jobs. The Court has permitted Murray Energy to conduct discovery, holding dispositive motions by EPA in abeyance… U.S. Fish and Wildlife Service Takes Action on Petitions to List Kentucky Arrow Darter and Cumberland Arrow Darter as Endangered or Threatened SpeciesOctober 21, 2015 The U.S. Fish and Wildlife Service (“USF&WS”) has taken action on petitions to list both the Cumberland Arrow Darter and the Kentucky Arrow Darter as endangered or threatened species under the Endangered Species Act. It has declined to list the Cumberland Arrow Darter, but has proposed to list the Kentucky Arrow Darter and has proposed critical habitat to protect the species. Cumberland… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray Energy-UPDATE: EPA Needs More Time to Locate and Review DocumentsJuly 27, 2015 We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia. There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. Recently, the District… Sierra Club Moves Efforts to Rescind WV and KY State NPDES Programs to Fourth and Sixth CircuitsJuly 22, 2015 The Sierra Club and its local partners previously petitioned EPA to withdraw its approval of the NPDES programs in at least Kentucky, Virginia and West Virginia, largely over alleged deficiencies by the state agencies in handling coal-related permits. Earlier this year, when EPA did not formally respond to the petitions, the Sierra Club sued EPA in federal courts in Kentucky and West Virginia. In… EPA’s Mercury and Air Toxics Standards (MATS) in Limbo After Supreme Court DecisionJuly 2, 2015 On Monday, in an opinion written by Justice Antonin Scalia, the U.S. Supreme Court ruled that the Environmental Protection Agency “strayed far beyond [the] bounds” of reasonableness by not considering costs in its decision to regulate emissions of hazardous air pollutants from fossil fuel-fired power plants. The case, Michigan vs. EPA, was decided 5-4, with Justices Scalia, Roberts, Kennedy,… Mingo Logan Appeals Adverse District Court Decision on § 404 Permit “Veto” - AgainJune 18, 2015 Mingo Logan Coal Company obtained a Clean Water Act § 404 permit from the Corps of Engineers in January 2007. The permit authorized fills associated with the Spruce Mine in Logan County, West Virginia. In January 2011, USEPA exercised its authority under CWA § 404(c) and “vetoed” the permit. Mingo Logan challenged the veto in the D.C. District Court, claiming both… EPA Seeks Order From 4th Circuit to Prohibit Discovery by Murray EnergyJune 17, 2015 We have previously reported on Murray Energy’s action against EPA in the Northern District of West Virginia. There, Murray has sued EPA to enforce § 321(a) of the Clean Air Act, which requires EPA to “conduct continuing evaluations” of potential loss or shifts of employment” which may result from the administration or enforcement of the Clean Air Act. Recently, the District… Board Affirms Certification Revocation for Water Lab in WVMarch 27, 2015 By order dated March 11, 2015, the West Virginia Environmental Quality Board (“EQB”) affirmed an earlier order by WVDEP revoking a laboratory certification granted to Appalachian Laboratories (“AppLabs”). WVDEP issued the order on October 16, 2014 in response to press accounts that a former employee of AppLabs (John Shelton) had pleaded guilty to diluting or falsifying water samples… EPA Moves to Dismiss Sierra Club Efforts to Rescind State NPDES ProgramsMarch 27, 2015 The Sierra Club and its local partners previously petitioned EPA to withdraw its approval of the NPDES programs in at least Kentucky, Virginia and West Virginia—largely over alleged deficiencies by the state agencies in handling coal-related permits. Earlier this year, when EPA did not formally respond to the petitions, the Sierra Club sued EPA in federal courts in Kentucky and West… |
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