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Judge nixes 'ridiculous' EPA request to block testimony in coal case
The Hill ^ | June 17, 2016 | Timothy Cama

Posted on 06/17/2016 11:41:02 AM PDT by jazusamo

A federal judge ruled Friday that a lobbyist and former Environmental Protection Agency (EPA) official can testify for a coal company in its lawsuit against the agency.

The EPA had sought to block Jeff Holmstead, who led the EPA’s air pollution office under then-President George W. Bush from 2001 to 2005, from appearing as an expert witness in Murray Energy Corp.’s case.

The agency argued that Holmstead’s time at the EPA is a significant conflict of interest and his testimony would amount to little more than unreliable legal conclusions.

The EPA “effectively argues that, because Mr. Holmstead once worked at EPA, he should be disqualified from serving as an expert witness in any case adverse to EPA,” wrote Judge John Preston Bailey, based in Wheeling, W.Va. “That dog won’t hunt.”

As to the EPA’s claim that Holmstead lacks the scientific or technical expertise to testify, Bailey, a Bush appointee, responded, “Frankly, this argument is ridiculous!”

Holmstead has worked since 2007 at Bracewell, a law and lobbying firm. His clients have included Duke Energy Corp., Arch Coal Inc. and Southern Co.

Murray sued the EPA in 2014, saying it hasn’t properly accounted for or studied coal industry job losses resulting from its air pollution regulations, as required under the Clean Air Act.

The EPA has said in court briefs that its economic analyses released with every regulation comply with the requirements.

Murray attempted to compel EPA head Gina McCarthy to give a sworn deposition in the case. While Bailey approved the request, a higher appeals court overruled him and let her avoid testifying.

Bailey has scheduled the trial for the lawsuit for next month.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Massachusetts; US: New York
KEYWORDS: california; cleanairact; coallawsuit; epa; epaoutofcontrol; erinbrockovich; ginamccarthy; globalwarminghoax; goldkingmine; harryreid; jeffholmstead; massachusetts; maurahealey; murrayenergy; nancypelosi; navajonation; nevada; popefrancis; romancatholicism; waroncoal; water; westvirginia
Kudos to judge Bailey for not letting the EPA dictate who can and can't testify in this case.
1 posted on 06/17/2016 11:41:02 AM PDT by jazusamo
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To: jazusamo

Sweet. The epa is ridiculous.


2 posted on 06/17/2016 11:55:43 AM PDT by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: jazusamo

“That dog won’t hunt.” ............lol!


3 posted on 06/17/2016 12:18:37 PM PDT by Red Badger (Make America AMERICA again!.........................)
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To: Red Badger

That cracked me up too, the judge sounds like a good ole boy. :-)


4 posted on 06/17/2016 12:32:57 PM PDT by jazusamo (Have YOU Donated to Free Republic? https://secure.freerepublic.com/donate/)
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To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
The EPA “effectively argues that, because Mr. Holmstead once worked at EPA, he should be disqualified from serving as an expert witness in any case adverse to EPA,” wrote Judge John Preston Bailey, based in Wheeling, W.Va. “That dog won’t hunt.” As to the EPA’s claim that Holmstead lacks the scientific or technical expertise to testify, Bailey, a Bush appointee, responded, “Frankly, this argument is ridiculous!”
The judge didn't go far enough -- he should have pointed out that the EPA and the White House are both run by the same moron fascist.


5 posted on 06/17/2016 12:38:14 PM PDT by SunkenCiv (I'll tell you what's wrong with society -- no one drinks from the skulls of their enemies anymore.)
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To: jazusamo

No wonder the Democrat found Scalia at his Texas ranch with a pillow above his head. His words.


6 posted on 06/17/2016 12:48:59 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: rktman

EPA, created by executive order of one of the

most effective Democrat politicians in the

20th Century...He also instituted Wage and Price

Controls.... V

He also sent me a Christmas Card for helping him to be elected...My Mom was worried I might go to jail with him....... Ha Ha...

https://en.wikipedia.org/wiki/United_States_Environmental_Protection_Agency

He claimed to be a Republican... he left the U.S. Navy at the end of WWII with $10,000 he earned at the
game of poker...he gave up his Quaker draft exemption...

but kept Checkers. ( ; )

Hope I didn’t trick you.


7 posted on 06/17/2016 3:10:28 PM PDT by DavidLSpud ("Go and sin no more"-Rejoice always, pray continually...)
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To: rktman

The epa is criminal. Are all of the epa “workers” degenerates with no integrity and a hatred of Free American Citizens?


8 posted on 06/17/2016 5:05:12 PM PDT by hal ogen (First Amendment or Reeducation Camp?.)
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To: jazusamo

Jimmy Rose: Coal Keeps the LIGHTS ON https://www.youtube.com/watch?v=iZDBUfB7npw


9 posted on 06/18/2016 4:16:59 AM PDT by GailA (A politician that won't keep his word to Veterans/Military won't keep them to You!)
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To: jazusamo
Thank you Nixon for giving us this federal agency which has become unaccountable, uncontrollable, 800 lb Gorilla Obama is using to destroy this country...

I can't wait until Trump puts this agency back into it's much smaller cage...

As a side note anyone who thinks the EPA will actually disappear under Trump isn't paying attention...

10 posted on 06/18/2016 4:24:07 AM PDT by Popman (Christ alone: My Cornerstone..)
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