WHEELING – U.S. District Judge John Preston Bailey on Thursday ordered that U.S. Environmental Protection Agency Administrator Gina McCarthy must give a deposition in a lawsuit filed by Murray Energy Corp.

The lawsuit, filed last year, contends the EPA did not follow its own rules by failing to conduct job loss analyses on regulations it has imposed under the federal Clean Air Act. Murray argued for the deposition, which Bailey set for no earlier than Dec. 4.

In his order, Bailey, after analyzing public statements concerning job loss analyses made by McCarthy and others at the EPA, said Murray is “entitled to explore these divergent positions.”

“The fair reading of these statements, many of which were made by Administrator McCarthy, is that the EPA has never made any evaluations of job losses” under the regulation, the order states. “This is directly contrary to the position of the EPA in this case. …”

Bailey said McCarthy “clearly has personal knowledge of the facts, the dichotomy in positions constitutes extraordinary circumstances, and the apparent refusal of the administrator to comply with the terms of Section 321(a) provides sufficient prima facie evidence of wrongdoing such that the plaintiffs will be able to probe her deliberative processes. … This court finds that there is no viable alternative to the deposition of the administrator.”

Murray Energy spokesman Gary Broadbent said the company is pleased with Bailey’s ruling and looks forward to deposing McCarthy in Wheeling.

“For nearly eight years, the Obama administration has absolutely devastated the United States coal industry by issuing a series of senseless, job-killing regulations, which constitute a political power grab of America’s power grid. Our lawsuit is aimed at forcing the Obama EPA, as led by Ms. McCarthy, to comply with the law by continuously evaluating these jobs losses and displacements,” Broadbent said in a statement late Thursday.

Prior to Thursday’s order from Bailey, the EPA had moved to block McCarthy from being deposed through a filing with the U.S. Fourth Circuit Court of Appeals in Richmond, Va.

“EPA is currently reviewing the district court’s order, but disagrees with the court’s decision,” said an EPA spokesperson in a statement. “Before the district court issued its opinion, EPA filed a separate petition asking the Fourth Circuit to block the administrator’s deposition because Murray Energy has not shown that (McCarthy) has unique knowledge essential to their case or that the information they seek is unavailable from other sources. Under well-settled case law, the deposition of high-ranking executive officials is barred absent extraordinary circumstances.”

The EPA’s filing asks for a ruling from the Fourth Circuit by Nov. 20.

Murray Energy said McCarthy’s testimony is essential.

“Ms. McCarthy has the personal knowledge necessary to testify on these issues and, therefore, her deposition is required and the Fourth Circuit should deny this petition. Indeed, our founder, chairman, president and CEO, Mr. Robert E. Murray, has already agreed to have his deposition taken in this case, and Ms. McCarthy should do the same,” Broadbent said.