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Kovacs, William [WKovacs@USChamber.com] 4/5/2017 9:52:07 PM Bolen, Brittany [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=31e872a691114372b5a6a88482a66e48-Bolen, Brit] Section 321 (a) of the CAA 101309 Senate Letter to Lisa Jackson re Section 321.pdf; Murray Energy v. McCarthy.docx
Importance: High
Brittany:
This is to update you on the long term congressional effort to have ERA implement section 321(a) of the Clean Air Act which mandates the agency undertake a continuing evaluation of the job impact of its regulations. The Senate has been involved in this issue since 2009 when six Senators sent a Setter to ERA Administrator Jackson and requested that: ERA implement section 321(a) of the Clean Air Act. (A copy of the original letter is attached.) The section requires ERA to undertake a continuing analysis of the job impacts of its regulations. While the Obama administration refused to implement that section the Murray Energy Company sued ERA in a WVA Federal court and won. The court issued a mandatory injunction against ERA mandating that it implement the jobs analysis mandate. ERA appealed a few days after the new administration took office. Unfortunately with ail that is going on the administration is proceeding as if the Obama administration is still running ERA. Oral argument on the appeal is May 9thin the Fourth Circuit Court of Appeals. The government must fiie its briefs by mid April.
Also attached is a short description of the Murray litigation and the importance of the case to protecting jobs.
Presently there is being prepared a joint House - Senate letter to the administrator that talks about the benefits of the jobs analysis should ERA decide to withdraw the appeal. The administrator should receive it in a few days.
Thanks for any consideration you give to this matter.
Best wishes.,
Bill Kovacs Senior Vice President, Environment, Technology & Regulatory Affairs U.S. Chamber of Commerce 1615 H Street, N'W Washington, DC 20062-2000
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Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00082501-00001