Seeking To Limit Jobs Suit Testimony, EPA Says Judge's Order Is Punitive

摘要

EPA is urging a federal appellate court to overturn a district judge's recent order requiring Administrator Gina McCarthy to testify in the pending suit seeking a federal review of the employment impacts of EPA's air and climate rules, charging in a just-filed brief that the order amounts to a penalty for disagreeing with the judge. In its Nov. 16 brief to the U.S. Court of Appeals for the 4th Circuit, the Department of Justice (DOJ), arguing on EPA's behalf, says the situation in the suit does not qualify as "extraordinary circumstances" necessary to compel testimony from a Cabinet-level official. Relevant documents are available on InsideEPA.com. Seepage 2 for details. (Doc. ID: 186592) Instead, DOJ argues, the judge is saying that by defending a legal opinion he disagrees with, the agency has "refused" to comply with the Clean Air Act.