A federal appeals court today struck down a challenge to the EPA’s 2011 Mercury and Toxics Standards law, which imposes limits on mercury and other toxic emissions from power plants. The U.S. Court of Appeals in Washington, D.C., decided the EPA’s implementation of the law was “appropriate and necessary” as required by Congress.
The plaintiffs in the case, which included coal producers, states and industry trade groups, said the EPA did not give sufficient consideration to the potential costs of the rules. The agency contends that it is not required by the Clean Air Act to include cost considerations in rulemaking. Writing for the majority, Judge Judith Rogers determined the agency is only obligated to consider public health benefits. The EPA in 2007 estimated the law would cost power producers $9.6 billion. The Energy Information Administration said in February the MATS rule would result in the retirement of 60 gigawatts of coal-fired power in the U.S. by 2020.
Whether or not the case goes to the Supreme Court remains to be seen. As the National Journal notes, the plaintiffs could use Judge Brett Kavanaugh’s dissenting opinion that cost considerations should indeed be a part of the rulemaking process as ammunition.
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