Co-sponsored by ELI and DC Bar EENRS Air and Water Quality Committee
The Environmental Protection Agency (EPA) claims that coal-fired power plant emissions have significant effects on public health. On December 10, two EPA rules aimed at curbing these emissions were in court. The Supreme Court heard oral argument on challenges to the Cross State Air Pollution Rule, which curbs emissions that cross state boundaries, while the D.C. Circuit heard argument on the Mercury and Air Toxics Standards (MATS).
EPA's attempts to regulate pollutants that cross state lines have been struck down twice by the D.C. Circuit. Now the Supreme Court will have its chance to opine on EPA's authority under the "good neighbor" provisions of the Clean Air Act. On the same day, the D.C. Circuit tested the MATS rule, which EPA has said is necessary to protect public health but which industry has cast as burdensome and ineffective.