On November 17th, a coalition of groups opposed to coal, filed suit in the D.C. District Court requesting the EPA act on their petition to establish performance standards for methane, volatile organic compounds and particulate matter emissions from coal mines under the Clean Air Act. A copy of the complaint is available here. In June 2010, these plaintiffs petitioned EPA to list coal mines as a stationary source and establish performance standards for these pollutants. Petitioners claim EPA’s delay in responding is unreasonable. The suit cannot force EPA to grant the petition nor set the standards plaintiffs are seeking; rather, the suit is aimed at forcing the agency to take action on the petition. Given the importance of this issue, and to potentially lessen the likelihood that EPA will simply settle the litigation and agree to an unreasonable rulemaking schedule, the National Mining Association (NMA) intends to intervene in the litigation.
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