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Court backs EPA in not regulating mine emissions

  • Market: Coal, Electricity, Emissions
  • 13/05/14

The Environmental Protection Agency (EPA) acted properly last year when it declined to regulate methane and other emissions from coal mines, a federal appeals court said today.

A three-judge panel of the DC Circuit Court of Appeals unanimously rejected a lawsuit filed by the group WildEarth Guardians that sought to overturn EPA's denial of a rulemaking petition filed by the group and other environmental organizations. The court said EPA's reasons for denying the petition were reasonable and consistent with the Clean Air Act's requirements.

EPA in April 2013 rejected a petition from WildEarth Guardians asking it to establish New Source Performance Standards for coal-mine emissions of methane and other pollutants. EPA said it did not have sufficient resources as it focused on other priorities, such as developing greenhouse gas (GHG) limits for power plants. The agency left open the possibility it would regulate coal mine emissions at a later date.

WildEarth Guardians sued EPA in October for rejecting the petition, saying the Clean Air Act did not allow the agency to base its decision on" extraneous concerns." The group said this violated the Supreme Court's 2007 decision in Massachusetts v EPA, which said the agency based its denial of a rulemaking petition for GHG emissions on factors not allowed by the act.

But the DC Circuit said EPA's decision was allowed, as the agency provided a "reasonable explanation" for not moving forward with new regulations. "EPA reasons for denying the petition for rulemaking are entirely consistent with the agency's duties" under the Clean Air Act, the court said.

WildEarth Guardians called the ruling "disappointing" and said it would ask the court to reconsider the decision.

"What is even more disappointing is that the EPA is fighting against us even as the White House has called for reductions in coal mine methane to protect the climate," Jeremy Nichols, director of the group's climate and energy program, said.

President Barack Obama in March directed EPA and other agencies to begin work on possible regulations to cut methane emissions from various sectors. EPA may propose regulations for the oil and gas sector by this fall, while the Bureau of Land Management is seeking public comment on possible regulations for coal mines on public lands.

mb-ee

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