We have previously reported about Murray Energy’s lawsuit against EPA in the Northern District of West Virginia. There, Murray claims that EPA has failed to conduct studies on the impacts of its rules and enforcement policies on coal industry jobs pursuant to Section 321(a) of the Clean Air Act. EPA filed a motion for summary judgment in early May. Murray claims that EPA has hidden all or portions of documents from Murray’s review under claims that the documents are subject to a “deliberative process” privilege. Additionally, Murray has suggested that EPA has selectively waived the privilege as to favorable portions of documents, but declined to do so for others.
Murray seeks full copies of the documents in order to respond to the EPA motion for summary judgment. Murray’s motion is heavily redacted, apparently in accordance with agreements in the case to maintain EPA’s claims of privilege until the court has ruled on them.
This article was authored by Robert G. McLusky, Jackson Kelly PLLC.