Posted on 11/11/2015 11:25:03 AM PST by jazusamo
The Environmental Protection Agency is working to block a deposition for administrator Gina McCarthy as part of a coal industry lawsuit.
In a Tuesday court filing, the EPA asked the U.S. Court of Appeals for the Fourth Circuit to block a scheduled deposition in a case brought against the agency by coal giant Murray Energy Corp.
Murray has sued the EPA over its rules agenda, arguing that the agency doesn't properly consider the job impact of its regulations before issuing them. It has petitioned to have McCarthy deposed in the case, something scheduled for later this month.
The EPA has looked to avoid the deposition, and argued that a lower court has taken too long to rule on its stay request.
The agency told the appeals court that a deposition would be out of step with previous legal rulings against deposing high-level regulatory officials.
"Plaintiffs Murray Energy Corporation et al. did not come close to identifying extraordinary circumstances that could justify compelling the deposition of Administrator McCarthy, a Cabinet-rank officer," the EPA wrote in its filing.
Murray's case, one of many against EPA rulemaking from the coal company, looks to probe the way the agency considers job losses and the economic impact of its environmental regulations.
In a statement, a company spokesman said McCarthy "has the personal knowledge necessary" to address the matter.
"Therefore, her deposition is required and the Fourth Circuit should deny this petition," Murray spokesman Gary Broadbent said.
"Indeed, our founder, chairman, president and Chief Executive Officer, Mr. Robert E. Murray, has already agreed to have his deposition taken in this case, and Ms. McCarthy should do the same."
In its filing, the EPA said it has cooperated with the lawsuit, providing more than 130,000 pages of documents and depositions of "several mid-level agency officials" for the case.
"It is utterly inconceivable that [McCarthy's] testimony could be relevant (much less necessary) to Murray's straightforward nondiscretionary-duty claim," the agency wrote.
Just keep voting.
coal industry lawsuit..... The sly Coal industry wants her deposition to show her up as untutored illiterate when it comes to science. This is the truth! She is just a senile SJW who draws a blank when it comes to the science of CO2 and global warming.
Obviously showing her to be a green ol fool helps the case of our coal industry.
Amen to that.
Obama destroys the coal industry, notorious Democrat voters, and yet they still vote Democrat.
OK!! Everybody pay attention!
Lesson for today:
1. The sun is 1,300,000 times as big as the earth.
2. The sun is a ball of fire that controls the climates of all its planets.
3. The earth is one of the sun’s planets.
4. The earth is a speck in comparison to the size of the sun.
5. Inhabitants of the earth are less than specks.
Study Question: How do less-than-specks in congress plan to control the sun?
Murray has sued the EPA over its rules agenda, arguing that the agency doesn't properly consider the job impact of its regulations before issuing them.
It sounds as though they plan to challenge the EPA with being untutored illiterates on the subject of economics.
I personally think they are uncaring environmental zealots. They don't care if the entire human race dies out as long as snail darters and desert tortoises go on procreating everywhere they happen to find themselves.
Is everything associated with the democratic Obama administration this screwed up? The EPA is either screwed up or they are crooked. If they were just screwed up, wouldn’t they wait to see what was in the deposition and then handle it?
Everything this administration does smells to high heaven. Let the deposition take place and then react. I think they already know what’s coming and that’s why they are in a panic mode.
In my view 0bama has surrounded himself with political appointees that are more than willing to do his bidding, that makes them as lawless and crooked as he is.
They don't care if the entire human race dies out as long as they keep getting their fat Federale paycheck. I believe there are more payroll patriots (feeding at the trough) than there are eco-wacko-zealots. I will admit the zealots run the agency while the slugs down the EPA food chain are porn surfing most workday hours
She hides, what is she guilty of?
EPA administrator Gina McCarthy is too stupid to be able to do well in a deposition that involves science as in climate science. She will be under oath so will do anything to avoid this deposition.
She will do her EPA best to delay and delay until after Obungo leaves office in January 2015 so that she never has to testify via deposition.
Just think of the EPA as greenie hacks who excel at political conniving, not science
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