Murray Energy Corporation v. McCarthy

Case Updates

Upon EPA's refusal to comply, a final order was issued.

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.

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.