Supreme Court rejects new challenge to Obama air pollution rule

Source: The Hill | June 13, 2016 | Timothy Cama

The Supreme Court on Monday declined to consider a third request from a group of states to overturn a sweeping Obama administration air pollution rule.

The states, led by Michigan and joined by numerous business and energy interests, told the court that the Environmental Protection Agency’s (EPA) 2012 mercury and air toxics standards rule for coal-fired power plants is illegal, and a lower court erred when it refused to overturn the regulation.

The Supreme Court ruled nearly a year ago that the EPA did not properly consider costs before writing the regulation. But it did not overturn the rule, instead kicking it down to the Court of Appeals for the District of Columbia Circuit, which decided in December to let the EPA keep enforcing the measure.

The mercury rule is separate from the Clean Power Plan, which limits carbon dioxide emissions and is currently on hold due to a Supreme Court stay.

Justices, as usual, did not say why they declined to take the mercury rule appeal.

The Supreme Court’s Monday decision is a major victory for the Obama administration and environmentalists.

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