Forum
U.S. District Court for the Northern District of West Virginia
Case Status
Decided
Docket Number
5:14-cv-00039-JPB
Case Updates
Final order issued
January 11, 2017
Upon EPA's refusal to comply, a final order was issued.
Federal District Court forces EPA to comply
October 17, 2016
The U.S. District Court for the District of West Virginia granted Murray's motion for summary judgment, and ordered the EPA to fully comply with Section 321 of the Clean Air Act.
U.S. Chamber urges Federal District Court to enforce requirement that EPA analyze job loss impacts of Clean Air Act regulations
August 22, 2016
The U.S. Chamber and National Mining Association filed an amicus brief in the U.S. District Court for the Northern District of West Virginia in Murray Energy’s case against the EPA over the job losses inflicted by the EPA on the coal sector. The brief urged that the defendant’s motion for summary judgment be denied so that the EPA is not permitted to continue to abdicate its statutory mandate to continually assess the economic and employment costs of its regulatory activities under the Clean Air Act. The brief pointed out that Section 321(a) of the Clean Air Act helps Congress, the EPA, and the public understand the costs of regulation, including the effect on job loss. Furthermore, in prior orders, this same court has already rejected the EPA’s past arguments to skirt enforcement and should do so again.
Christopher J. Walker of the Michael E. Moritz College of Law at Ohio State University and Thomas S. Kleeh of Steptoe & Johnson PLLC served as counsel for the amici in this case.
U.S. Chamber amicus brief filed 8/22/2016.
Decided 10/17/2016.
Final order issued 1/11/2017.
Case Documents
- U.S. Chamber and NMA Amicus Brief -- Murray Energy Corporation v. McCarthy (USDC - Northern District of West Virginia).pdf
- Summary Judgment Order-- Murray Energy Corporation v. McCarthy (USDC - Northern District of West Virginia).pdf
- United States' Response to Order -- Murray Energy Corporation v. McCarthy (USDC - Northern District of West Virginia).pdf
- EPA Response to Murray Energy SJ Order -- Murray Energy Corporation v. McCarthy (USDC - Northern District of West Virginia).pdf
- Final Order -- Murray Energy Corporation v. McCarthy (USDC - Northern District of West Virginia).pdf