EPA Says Coal Mine Designation Suit Doesn't Stick

Law360, Chicago (June 5, 2013, 2:09 PM EDT) -- The U.S. Environmental Protection Agency asked a Washington federal court Tuesday to toss a suit alleging it improperly delayed responding to a demand that it designate coal mines as stationary sources governed by air pollution performance standards, saying it has denied the petition and the case is therefore moot.

Arguing that the court should dismiss the case for lack of subject matter jurisdiction, the EPA said it had taken final agency action on April 30 denying the petition for rulemaking that was at the heart of...
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