Voigt v. Coyote Creek Mining Co., LLC, No. 18-2705 (8th Cir. 2021)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 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.
This opinion or order relates to an opinion or order originally issued on November 20, 2020.