DC Circ. Leans Toward EPA On Enviros' Killed Coal Reg Bid

Law360, Washington (March 25, 2014, 7:21 PM EDT) -- A D.C. Circuit panel looked likely to reject an environmental group’s appeal claiming the U.S. Environmental Protection Agency wrongly denied its petition for the agency to prioritize coal mine emissions regulation, with circuit judges saying Tuesday that EPA has discretion to focus on other initiatives.

At oral argument, WildEarth Guardians' staff attorney Samantha Ruscavage-Barz claimed that EPA's reasoning for declining the petition — namely because the agency had other priorities and needed to preserve resources — was insufficient. The petition should have been reviewed under a...
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