Embattled EPA Mercury Pollution Rule Likely To Withstand Court Assault

"U.S. EPA's landmark air standards for mercury appear likely to survive an effort by industry and states to kill the rules in court.

A panel of federal judges this morning seemed reluctant to vacate EPA's rules to slash mercury and other hazardous air pollutants from power plants after the Supreme Court sent the standards back to the U.S. Court of Appeals for the District of Columbia Circuit. The high court ruled that EPA failed to properly consider costs before issuing the standards, and opponents of the regulation urged the D.C. Circuit to toss out the rules.

But the same three-judge panel that upheld those EPA rules in 2014 hinted today that it's inclined to keep the standards alive while allowing EPA to address the problems flagged in the Supreme Court's ruling."

Robin Bravender reports for Greenwire December 4, 2015.