NACCO subsidiary prevails on motion for summary judgment in Clean Air Act case

Client(s) NACCO Industries, Inc.

Jones Day secured a summary judgment for NACCO Industries, Inc. subsidiary Coyote Creek Mining Company LLC (“Coyote Creek”) in a 96-page opinion that rejected the plaintiffs’ claim that Coyote Creek did not obtain the correct type of Clean Air Act (CAA) permit for the construction of its lignite coal mine. The plaintiffs argued that Coyote Creek improperly obtained a minor source permit from the North Dakota Department of Health (NDDOH), rather than a major source permit, and sought a declaration that Coyote Creek was in violation of the CAA, as well as an injunction prohibiting further operation of the mine and civil penalties. The court dismissed all of the plaintiffs’ claims with prejudice, finding that certain determinations by NDDOH concerning Coyote Creek’s permit application were entitled to deference, and that based on those determinations and the emissions estimates of experts from both sides, a major source permit was not required.

Voigt v. Coyote Creek Mining Co., LLC, No. 15-cv-00109 (D.N.D.)