Overnight Regulation: Feds look to end coal company lawsuit

Welcome to Overnight Regulation, your daily news from the federal agencies, Capitol Hill and beyond. It's Tuesday evening here in Washington and after Donald TrumpDonald John TrumpBooker hits Biden's defense of remarks about segregationist senators: 'He's better than this' Booker hits Biden's defense of remarks about segregationist senators: 'He's better than this' Trump says Democrats are handing out subpoenas 'like they're cookies' MORE linked Ted CruzRafael (Ted) Edward CruzGOP frets about Trump's poll numbers GOP frets about Trump's poll numbers GOP senator introduces bill to hold online platforms liable for political bias MORE's father to John F. Kennedy's assassination today, we're hoping the presidential candidates leave their moms out of this epic showdown. Yo mama jokes are the worst. Here's the latest:



The federal government Tuesday asked a judge to stop a coal company's lawsuit against the Environmental Protection Agency.

Murray Energy Corp., is challenging the EPA's regulatory agenda in federal court, but the Justice Department says the lawsuit has no merit.

The Hill's Devin Henry has the story:

The government is asking a federal judge to end a lawsuit against the Environmental Protection Agency (EPA) before it goes to trial this summer. 


In a new filing at the U.S. District Court for the Northern District of West Virginia, the Justice Department argues that the evidence gathered for Murray Energy Corp.'s lawsuit against the EPA supports the agency's position.

Murray, one of the nation's largest coal producers, has sued the EPA over its regulatory agenda, arguing the agency doesn't properly show how its rules will affect employment before issuing them.

The EPA has said its activities are proper and that the case should be dismissed for the handful of reasons. Among them, EPA claims it performs the employment analyses in question and that Murray hasn't shown that they have any impact on the company's bottom line.

"While plaintiffs may not agree with EPA's policy choices or conclusions in its employment evaluations, those issues are not before this Court," the Justice Department's filing said. 

"The only issue before this Court is whether EPA has conducted the evaluations described in [statute]. It is undisputed that EPA conducted the employment evaluations."

Read more here: http://bit.ly/24whtR4


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The Obama administration will publish 189 new regulations, proposed rules, notices and other administrative actions in Wednesday's edition of the Federal Register.

--The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) will consider new rules for gun silencers.

The ATF will issue an advanced notice of proposed rulemaking as it considers whether to establish new marking requirements for firearm silencers and mufflers.

The public has 90 days to comment. http://bit.ly/24wgtfA

--The Department of Health and Human Services (HHS) will issue new fire safety standards for hospitals and other healthcare facilities that participate in Medicare and Medicaid.

The new rules will update the existing fire safety standards.

They go into effect on July 5. http://bit.ly/1VIhkbw

--The Department of Energy (DOE) will delay new efficiency rules for commercial package boilers.

The Energy Department's Office of Energy Efficiency and Renewable Energy proposed new energy conservation standards for these appliances in March, but is now extending the comment period to give the public more time to consider the changes.

The public has until June 22 to comment. http://bit.ly/1SKrPJ2



Pot dealers to push for legalization on lobbying day http://bit.ly/26QFPXM

Small businesses express concerns over federal regs http://bit.ly/1rjWjHh

Judiciary Dems seek hearing on voting rights http://bit.ly/1NTAokr

CDC warns Americans may be overmedicating young children with ADHD – The Washington Post http://wapo.st/1NTAyZ1

Target faces backlash for stance on transgender bathrooms – The AP http://apne.ws/1W7kDJX

Can you really know if that pizza is antibiotic-free? – Bloomberg http://bloom.bg/1SLQOYY



100+: Number of pot dealers who will travel to Capitol Hill next week to push for marijuana legalization. http://bit.ly/26QFPXM



"Today we say thank you to the extraordinary teachers we have in our schools. #teacherappreciationday," the U.S. Department of Education's Office of Faith-Based & Neighborhood Partnerships tweeted Tuesday afternoon.


We'll work to stay on top of these and other stories throughout the week, so check The Hill's Regulation page (http://thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@thehill.com or lwheeler@thehill.com. And follow us at @timdevaney and @wheelerlydia.

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