On October 26, 2015, the U.S. EPA published new, more stringent ozone standards of 70 ppm, opening the 60-day window of opportunity to file lawsuits seeking review of the new rule.  On the same day, Murray Energy Corp., the largest mining company in the United States, filed a Petition for Judicial Review (Petition) with the U.S. Court of Appeals for the District of Columbia.  The EPA has estimated that the new National Ambient Air Quality Standard for ground level ozone would cost as much as $1.4 billion annually to meet the new, tighter standards.

The Petition does not provide the legal rationale for any litigation; however, in comments made by Murray during the public comment period preceding the final promulgation of the rule, Murray expressed concern that the new, tighter ozone standard is close to background levels in many areas of the country, and thus, not attainable through regulations.

For more information regarding this rule, please contact Phillip Hoover.