On April 15, a Federal DC appeals court upheld the EPA’s February 2012 final rule setting air toxic standards for mercury. Under the rule, which applies to an estimate 600 power plants, power plants must now comply with more stringent emissions limits for mercury, filterable particulate matter as a surrogate for toxic metals, and hydrogen chloride as a surrogate for acid gases.  The three-judge panel found that the EPA was well within their discretion under the Clean Air Act (“Act”) to consider only the health benefits, and not the cost to the industry.

For more information on this matter, contact Phillip Hoover.