Murray Energy Corp. v. EPA, No. 16-2432 (4th Cir. 2017)Annotate this Case
The federal court's authority under the Clean Air Act (CAA) to correct an alleged failure by the EPA to perform a non-discretionary, CAA-based act or duty, does not extend to review of the EPA's management of its continuous duty to evaluate the potential employment impact of CAA administration and enforcement. Accordingly, the Fourth Circuit vacated the district court's judgments insofar as they impact the EPA, and remanded with instructions to have Murray's suit dismissed for want of jurisdiction. The court dismissed as moot Mon Valley's appeal of the denial of its motion to intervene.
The court issued a subsequent related opinion or order on July 18, 2017.