Murray Energy Corp. v. Administrator of Environmental Protection Agency

FLOYD, Circuit Judge:

In this case, we consider the bounds of a federal court’s authority under the Clean Air Act (CAA) to correct an alleged failure by the U.S. Environmental Protection Agency (EPA) to perform a non-discretionary, CAA-based act or duty. See 42 U.S.C. § 7604(a)(2). The precise issue before us is whether this authority extends to review of the EPA’s management of its continuous duty to evaluate the potential employment impact of CAA administration and enforcement. See 42 U.S.C. § 7621(a). We hold that it does not.

I

In 1977, after extensive public debate about the effects of the…