Voigt v. Coyote Creek Mining Co., LLC, No. 18-2705 (8th Cir. 2020)Annotate this Case
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 Eighth Circuit affirmed the district court's grant of summary judgment for CCMC, because the federal regulations imposing permitting and dust control requirements do not apply to CCMC's operations. The court agreed with the district court in determining that the regulations are ambiguous or in ultimately concluding that the regulations, combined with the guidance, do not resolve the relevant inquiry. The court agreed with the district court that the best interpretative aid to determine whether Subpart Y - Standards of Performance for Coal Preparation and Processing Plants, 40 C.F.R. pt. 60, applies to the coal pile is the NDDOH permitting decision, which concluded that the coal pile is not part of the coal processing plant and thus is not subject to Subpart Y. Furthermore, that decision is entitled to deference.
The court also held that, on the record before it and given the overarching framework of the CAA, including the cooperative relationship between the EPA and the states, the district court appropriately gave deference to the NDDOH permitting decision to resolve the regulations' ambiguity in favor of CCMC. 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.