The Supreme Court on Tuesday agreed to hear industry’s challenge to the EPA’s limits on emissions of mercury and other pollutants from coal-fired power plants. Via the New York Times, the key question in the case is whether or not the EPA sufficiently considered regulation costs when establishing the rules. The agency believes the Clean Air Act does not require that costs be taken into consideration early in the regulatory process. A U.S. appeals court in April sided with the agency.
The EPA has estimated the rules would cost $9.6 billion per year, but maintains its benefits outweigh its costs. The National Mining Association wrote in a petition “no rational person” would view a $9.6 billion investment for a return of $4-6 million as an appropriate exchange. The EPA has disputed the group’s calculated return, claiming the rules would reap benefits worth as much as $90 billion.
The three cases to be heard by the Supreme Court were brought against the EPA by the National Mining Association, the Utility Air Regulatory Group and the state of Michigan, respectively.
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