DC Circuit Leaves EPA Power Plant Mercury Rule in Place

A federal appeals court has opted to leave the EPA’s mercury and air toxic standards for power plants in place despite a ruling by the U.S. Supreme Court that the EPA erred in the first step of its rulemaking process.  According to the opinion by the U.S. Court of Appeals for the District of Columbia, the decision means that power plants must continue to comply with the mercury rule while the EPA works to address the Supreme Court’s holding that cost was a necessary factor for the agency to consider when deciding it was necessary to regulate power plant emissions for mercury.

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