Voigt v. Coyote Creek Mining Co., LLC, No. 18-2705 (8th Cir. 2021)
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Plaintiffs filed suit against CCMC, alleging that CCMC failed to obtain the proper construction permit under the Clean Air Act (CAA), and failed to implement the requisite dust control plan for the Coyote Creek Mine, which is adjacent to plaintiffs' ranch. The district court granted summary judgment in favor of CCMC, concluding the federal regulations imposing permitting and dust control requirements do not apply to CCMC's operations.
The Eighth Circuit affirmed the district court's grant of summary judgment for CCMC and agreed with the district court that the regulations, standing alone, are ambiguous. The court also concluded that the most reasonable interpretation of the relevant regulations is that the coal pile is not "in" CCMC's coal processing plant. Therefore, the district court did not err in granting summary judgment to CCMC on the basis that the coal pile is not subject to Subpart Y regulations, which would have required a major source permit and a fugitive dust control plan.
Court Description: [Shepherd, Author, with Loken and Stras, Circuit Judges] Civil Case - Clean Air Act. Owners of a large ranch in North Dakota filed suit under the Clean Air Act against Coyote Creek Mining Company for failing to obtain the proper construction permit and to implement the requisite dust control plan. The district court concluded the regulations imposing permitting and dust control requirements did not apply to CCMC's operation. This court affirms. The regulations are ambiguous as to whether a coal pile that is adjacent to the coal processing equipment and is used both for storage and loading coal is "in" the coal processing plant itself to be considered an affected facility and subject to Subpart Y requirements. Applying relevant interpretive guidance, the reasonable interpretation is that because the coal pile occurs before the first hopper, it is not subject to Subpart Y; we do not defer to the NDDOH decision. Judge Stras dissents.
This opinion or order relates to an opinion or order originally issued on November 20, 2020.
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