Murray Energy Can't Fight EPA Carbon Rule Yet, DC Circ. Told

By Juan Carlos Rodriguez (October 24, 2014, 4:05 PM EDT) -- The U.S. Environmental Protection Agency told the D.C. Circuit on Thursday that Murray Energy Corp.'s challenge of a proposed rule to limit carbon emissions from existing power plants must be dismissed as premature, since the rule isn't final.

In a motion to dismiss for lack of subject matter jurisdiction, the EPA said the Clean Air Act expressly limited judicial review to final rules issued at the end of the statutorily prescribed rulemaking process, which includes evaluating and responding to public comments

"Because the agency publication challenged by Murray is only a proposed rule reflecting proposed legal interpretations and technical analysis, by...

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