To: MVCAC, I propose that we continue our participation in support of the Clean Power Plan, aka CPP. Duane
From: "William V. DePaulo, Esq." william.depaulo@gmail.com Date: November 30, 2016 at 9:07:54 AM EST To: Chad Cordell protectourwaterwv@gmail.com, John McFerrin johnmcferrin@aol.com, Nichols Duane Duane330@aol.com, Paul Corbit Brown paulcorbitbrown@gmail.com, Stockman Vivian vivian@ohvec.org, VERNON HALTOM vernoncrmw@gmail.com, Young Frank fyoung@mountain.net, Gary Zuckett garyz@wvcag.org, Natalie Thompson natalie@ohvec.org Subject: CPP Intervenors - Murray Energy litigation in Northern District of West Virginia
Murray Energy has filed -- and prevailed to date -- in an action based on Clean Air Act section 321 which requires EPA to evaluate the employment impact of its rules. The employment provision says:
(a)Continuous evaluation of potential loss or shifts of employment The Administrator shall conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provision of this chapter and applicable implementation plans, including where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement.
Murray Energy (and its co-plaintiff coal companies) prevailed on the merits in NDWV district court and is now trying to persuade the court to enter an order preventing EPA from enforcing any rule that affects the coal industry.
However, Section 321 explicitly states that the employment requirement cannot undermine existing rules under other Clean Air Act provisions:
(d)Limitations on construction of section Nothing in this section shall be construed to require or authorize the Administrator, the States, or political subdivisions thereof, to modify or withdraw any requirement imposed or proposed to be imposed under this chapter.
Trump's incoming administration will not defend EPA; if the Murray litigation is to be blunted it will have to be as a result of intervenors. Sierra Club, with whom we intervened in the CPP litigation, has asked that I examine which of you would be willing to intervene in the NDWV litigation at this time. Keeper of the Mountains will intervene.
I attach copies of relevant documents. Please call me if you have any questions. This is, obviously, on a fairly quick turn around, so don't hesitate to contact me by cell rather than email.
All the best,
Bill cell 304-541-1984
William V. DePaulo, Esq. 122 N Court Street, Suite 300 Lewisburg, WV 24901 Tel 304-342-5588 Fax 866-850-1501 william.depaulo@gmail.com
<amended complaint_Murray CAA321 suit NDWV 5-23-2014.pdf> <docket sheet as of 11-17-2016 in Murray Energy CAA 321 suit NDWV.docx> <EPA memo supporting mot to dismiss Murray CAA321 suit NDWV 6-30-14.pdf> <EPA mot to dismiss Murray CAA321 suit NDWV 6-30-14.pdf> <EPA reply supporting mot to dismiss Murray CAA321 suit NDWV 8-11-14.pdf> <Murray Energy resp to EPA section 321 proposal.pdf> <Murray opp to mot to dismiss Murray CAA321 suit NDWV 7-25-14.pdf> <Order denying motion to dismiss in Murray CAA 321 suit NDWV 3-27-2015.pdf> <order denying motion to dismiss or to strike request for relief Murray CAA321 NDWV 9-16-2014.pdf> <US memo in support of SJ motion_Murray CAA321 suit NDWV 5-2-2016.pdf> <US SJ motion_Murray CAA321 suit NDWV 5-2-2016.pdf>