DC Circ. Allows EPA To Snub Coal Mine Review Bid Over Cost
By Sean McLernon
Law360, New York (May 13, 2014, 5:36 PM ET) -- The D.C. Circuit on Tuesday found that the U.S. Environmental Protection Agency does not need to consider regulating coal mines as stationary sources under the Clean Air Act, upholding the agency's decision to deny an environmental group's petition to investigate because of limited resources.
WildEarth Guardians had argued that the EPA is at least obligated to study the issue, but the appeals court said that the agency provided a reasonable explanation for not regulating coal mines when it said budget uncertainties prevent it from conducting a...