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October 24, 2016

Federal Judge Says EPA Must Consider Costs Of Air Pollution Regulations

In a victory for the manufacturing and broader business community, last Monday Judge Preston Bailey from the U.S. District Court of the Northern District of West Virginia ruled that the U.S. Environmental Protection Agency (EPA) must consider the economic consequences of its proposed regulations to address air pollution. 

As Morning Consult reported last week, the EPA, according to the judge, “[F]ailed to fulfill requirements under the Clean Air Act to ‘conduct continuing evaluations of potential loss or shifts of employment’ that its regulations can cause …” Judge Bailey argued, “[The] EPA cannot redefine statutes to avoid complying with them … Nor can [it] render them superfluous or contrary to their original purpose simply by defining them to be.” 

The EPA must file a plan to comply with Judge Bailey’s ruling within 14 days. 

Why is this issue important to the manufacturing and metals industries? As financial industry reporting company ValueWalk explained last week, “Since 2008, more than 400 coal-fired power plants have either been closed or marked for closure by the EPA, a move with significant impacts both for energy price, as well as employment in the mining industry.”