AMC challenging EPA in court

The American Mining Congress (AMC) has filed a lawsuit challenging the failure of the U.S. Environmental Protection Agency (EPA) to review primary and secondary national ambient air quality standards for particulate matter.

The AMC launched the action under the “citizen suit” provision of the Clean Air Act in the U.S. District Court for the District of Arizona. It marks the AMC’s first use of the citizen suit provision, a course of action usually taken by environmental and public interest groups.

This failure to institute timely review of these standards “has prevented EPA from excluding particulates that do not present substantial public health or welfare concerns,” said AMC President John Knebel.

The lawsuit concerns dust from mine haul roads and similar sources as it relates to certain sectors of the surface-mining industry, particularly in the rural West.

“Where surface mining is concerned, the majority of regulated particulates are harmless dust,” Knebel said.

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