Last year, we reported on Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C. Cir. 2013). In that case, a coal mining company argued that the U.S. Environmental Protection Agency (EPA) had exceeded its statutory authority when it invoked … Continue reading
Tag Archives: D.C. Circuit
Hoisted by its own petard: D.C. Circuit finds that EPA’s own regulations prevent the agency’s inconsistent application of a judicial decision
EPA’s controversial practice of declining to apply unfavorable judicial decisions outside of the jurisdictions in which they were issued finally caught up with the agency last week. In Nat’l Envtl. Dev. Ass’n’s Clean Air Project v. EPA, No. 13-1035 (D.C. Cir. May 30, … Continue reading