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Murray Energy Corp. v. McCarthy
A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion to dismiss, arguing that the statute is discretionary and that ...
Alaska Community Action on Toxics v. Aurora Energy Services, LLC
The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-Sector General Permit for Stormwater Discharges Associated with Ind...