A group of states on Tuesday asked the Supreme Court to block the Obama Administration’s rule targeting emissions of mercury and other toxics from power plants. Via The Hill, the move follows the high court’s decision earlier this month to halt the EPA’s latest carbon dioxide emissions rule while a legal challenge plays out at the district court level.
A district court ruled in December the EPA could continue to enforce the MATS rule despite a previous Supreme Court finding that the agency did not adequately consider its potential costs.
It is unclear whether or not the states can get a favorable ruling from the Supreme Court given the recent death of Justice Antonin Scalia, who wrote the court’s 5-4 majority opinion on MATS last year. In the case of a tie, the Supreme Court can either vote to hear the case again at a later date or uphold the decision of a lower court.
The MATS rule is expected to accelerate widespread retirements of coal-fired power plants across the U.S.
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