In re: Murray Energy Corporation, Docket No. 14-01112 (D.C. Cir. Jun 18, 2014)
This is an attack on the rulemaking itself, arguing that an inconsistency between the House and Senate versions of the applicable Clean Air provisions makes it impossible for EPA to make these rules.
Brief in West Virginia v EPA, a companion case: Brief of the Institute for Policy Integrity at New York University School of Law as amicus curiae in support of the EPA.
AGs’ letter in Murray Energy – This argues to the court that the EPA has admitted that they public comment process is just a sham because they are set on the rule.