Murray Energy Corp. v. EPA
- Case Date: 11/8/2016
- Project Name: Environmental Law Project
On November 8, 2016 WLF called on the US Court of Appeals for the Sixth Circuit to overturn EPA regulations that assert greatly expanded Clean Water Act (CWA) regulatory authority by adopting a very broad definition of the “waters of the United States.” WLF’s brief argues that EPA’s final rule did not honor notice-and-comment rulemaking requirements and should be vacated for that reason. WLF’s brief focuses principally on the procedural irregularities by which EPA (in conjunction with the U.S. Army Corps of Engineers) adopted its final rule. WLF argues that EPA violated the Administrative Procedure Act (APA) by failing to provide interested parties with adequate notice of its proposed regulations and a meaningful opportunity to participate in the rulemaking process. WLF also argues that EPA’s final rule is arbitrary and capricious, because it fails to provide a “satisfactory explanation” for its actions.
More Information and Downloads:
11/8/2016: Download the Brief