EPA: A Rogue Agency

Freedom Works reports:

The Fourth Circuit has joined a growing number of courts, including the Supreme Court, in slapping down actions by the EPA. The court recently denied the EPA’s challenge to a discovery order from a federal judge in West Virginia.

The case, Murray Energy Corp. et al. v. Gina McCarthy, involves §321 of the Clean Air Act. This section creates a nondiscretionary duty for the EPA to conduct continuing evaluations of potential loss or shifts in employment due to EPA regulations under authority of the Clean Air Act.

Gina McCarthy, the administrator of the EPA, has not been tracking employment movement. Her theory is that continuing evaluations do not have to begin immediately, but can begin at any time. This is just another example of an executive branch agency acting like they are above the law.

Murray Energy had enough of the agency ignoring the law and sued Gina McCarthy, in her official capacity as administer of the EPA. They ask the court to do three things in their lawsuit. First, they ask the court to declare Gina McCarthy to be in violation of §321 of the Clean Air Act, Second, they ask for a court order directing her to look at potential job losses and shifts as a result of the EPA’s regulations. Third, they ask for injunction barring any new regulations affecting the coal industry before the §321 requirements are met.

The coercive state.