Split 8th Circuit Backs North Dakota's Interpretation Of EPA Air Permit Rules

摘要

A divided federal appeals court panel is backing North Dakota's right to interpret EPA's Clean Air Act permitting policies in a dispute over the state's issuance of a "minor source" permit for a coal mine and processing facility, but a dissenting judge warns the court is creating a new test for deference to states' interpretation of federal laws. In its 2-1 Nov. 20 ruling in Casey Voigt, et al v. Coyote Creek Mining Co., LLC, a three-judge panel of the U.S. Court of Appeals for the 8th Circuit ruled that North Dakota air regulators permissibly interpreted ambiguous federal air regulations and guidance, backing a North Dakota district court's finding. The case pits local ranchers against the mining company, which the ranchers claim operates a "major" air pollution source and should be subject to tough controls on "fugitive" coal dust that blows onto their property from a coal pile associated with the mine. The court agreed with the state that a less-stringent "minor" source air permit is sufficient.