8th Circuit decides N.D. case Friday, November 20, 2020

The United States Court of Appeals for the Eighth Circuit has affirmed the district court's summary judgment in a North Dakota case involving dust from a coal pile. 

The court held that the State of North Dakota's permitting decision that a coal pile maintained by the defendant was not a part of its coal processing plant and not subject to the EPA's regulations was entitled to deference, and defendant was not obligated to implement a plan to control dust from the coal pile or to include the dust emitted by the pile in its calculations of the amount of particulate matter pollutants it emitted.

Read the court's opinion at: https://ecf.ca8.uscourts.gov/opndir/20/11/182705P.pdf