Appeals court: EPA chief doesn't have to give deposition
Legal Events
A federal appeals court says U.S. Environmental Protection Agency Administrator Gina McCarthy doesn't have to give a deposition in a coal company's lawsuit over the impact of regulations on jobs.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond on Wednesday overturned a decision by U.S. District Judge John Preston Bailey in Wheeling, West Virginia.
Bailey had ruled there's no viable alternative to deposing McCarthy in coal producer Murray Energy's lawsuit alleging the EPA has shirked its obligation to conduct job-loss analyses on the Clean Air Act regulations.
The appeals court's one-page order did not explain why it ruled in McCarthy's favor.
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IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer.” Here are a few things to consider when asking yourself that question.