Appeals court rules EPA administrator doesn't have to give deposition in coal company lawsuit

Published May 03, 2016

A federal appeals court says U.S. Environmental Protection Agency Administrator Gina McCarthy doesn't have to give a deposition in a coal company's lawsuit over the impact of regulations on jobs.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Wednesday overturned a decision by U.S. District Judge John Preston Bailey in Wheeling, West Virginia.

Bailey had ruled there's no viable alternative to deposing McCarthy in coal producer Murray Energy's lawsuit alleging the EPA has shirked its obligation to conduct job-loss analyses on the Clean Air Act regulations.

The appeals court's one-page order did not explain why it ruled in McCarthy's favor.

Murray spokesman Gary Broadbent said the company was "deeply disappointed" by the decision. EPA officials did not immediately respond to phone messages and e-mails.

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https://www.foxnews.com/us/appeals-court-rules-epa-administrator-doesnt-have-to-give-deposition-in-coal-company-lawsuit