'Scant' EPA Record May Boost Suit Over Denial Of Coal Mine GHG Petition

摘要

Environmentalists say EPA's limited rulemaking record for its decision to deny their petition seeking a first-time greenhouse gas (GHG) rule for coal mines - detailed in recently obtained internal agency emails - could bolster their pending lawsuit over die denial because it appears to fall short of an adequate defense for EPA's decision. The emails, provided to Inside EPA by Competitive Enterprise Institute (CEI) attorney Christopher Homer who filed a Freedom of Information Act (FOIA) request for the documents, show discussion among agency staff about coal mines emissions and potential air pollution control options. Environmentalists say EPA omitted much of this information from its formal petition denial notice, which provided limited information on the decision. Relevant documents are available on InsideEPA.com. See page 2 for details. (Doc ID: 2444940) A source from WildEarth Guardians, which is suing EPA over its April 30 denial of the group's petition in the U.S. Court of Appeals for the District of Columbia Circuit, says EPA's "scant" rulemaking record is notable for what it left out, as evidenced by the emails the group obtained through a very similar FOIA request sent to EPA before CEI. "Clearly they're talking about the issues, clearly recognize that there's something here, and it seems like they did take the step toward investigating the issue. It's unfortunate they didn't complete their stride," the source says. "I don't think the D.C. Circuit is going to tolerate this flimsy of a record," the source adds.