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