Court rules against EPA in case over coal job losses

18-Oct-2016

The Environmental Protection Agency (EPA) has not properly estimated the potential job losses in the coal and other industries affected by its regulations, a federal judge ruled Monday.

Judge John Preston Bailey of the District Court for the Northern District of West Virginia ruled in favor of coal mining company Murray Energy Corp. saying the Clean Air Act gives the EPA administrator a “non-discretionary duty” to track the potential job losses and shifts in employment from regulations written under the act.


The decision is a largely symbolic win for energy sectors hurt by EPA regulations, however, because there is no guarantee that job loss analyses would change the policies at issue.

Bailey, an appointee of former President George W. Bush, used his ruling to repeatedly admonish the EPA for arguing that its duty to track job losses is “discretionary" and that its current reviews are sufficient.

“With specific statutory provisions like Section 321(a), Congress unmistakably intended to track and monitor the effects of the Clean Air Act and its implementing regulations on employment in order to improve the legislative and regulatory processes,” Bailey wrote.