States, Industries Seek Review For Mercury Rule

EPA is urging the U.S. Supreme Court to reject petitions from nearly two dozen states and industry trade groups seeking review of an agency rule that limits power plant emissions of mercury and other hazardous air pollutants. The mining and utility industries along with 21 states want the justices to overturn a federal appeals court decision upholding the 2012 rule. The mercury and air toxics standards require power plants to reduce emissions over the next few years by installing pollution control technologies. EPA estimates the regulation will cost the electricity-generating industry $9.6 billion per year and eventually yield health benefits of $37 billion to $90 billion annually. The states and industry groups contend that EPA did not properly consider the cost of the regulation, which they say will push up electricity prices and damage the coal industry. EPA says the Clean Air Act requires the agency to consider compliance costs when it sets power plant emissions standards but not when deciding whether to regulate the facilities.