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Murray Energy Corporation Sues Obama EPA Again for its Illegal Utility MACT Rule

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On June 29, 2015, The Supreme Court of the United States ruled in Murray Energy Corporation’s favor and held the Obama EPA illegally promulgated its Mercury and Air Toxics Standards, and mandated that the Obama EPA fully consider costs in promulgating its regulations.
Unfortunately, this ruling came far too late, as the Obama Administration forced compliance with the Utility MACT Rule years before we were able to defeat this illegal rule in Court. By the time that the Rule was heard at the Supreme Court level, the plants were already closed, and we were denied our Constitutional right of due process. This is a tragedy for America, and worse yet, the Obama Administration has attempted to do the exact same thing with their so-called Clean Power Plan.
In that case, however, we were successful in obtaining a Nationwide stay from the Supreme Court. Now the Obama EPA has finalized a ‘finding’ that purports to justify the Utility MACT Rule. There is no doubt, however, that the Obama EPA is unable to justify the illegal Utility MACT Rule through any analysis that actually weighs the costs against the benefits, which is why they never did any such analysis in the first place.
This final ‘finding’ is flagrantly arbitrary, and fails to comply with the law and with the Supreme
Court’s mandate. Indeed, the Obama EPA plainly refuses to consider the costs of its decision in light of
the reasonable and available alternatives to inflexible and cost-blind federal standards that Murray Energy
identified in its comments. This is a fatal error that will require the Courts to strike down this finding.
The Obama EPA’s recent actions here are a vain attempt to ‘justify the unjustifiable’, with a last ditch ‘finding’ in an effort to save the Utility MACT Rule. Murray Energy today has, once again, sued the radical Obama EPA and we will, once again, prevail.

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