On November 25, 2 014, the U.S. Supreme Court granted certiorari and agreed to hear the challenge brought by 23 states and industry groups to the EPA’s proposed rules limiting mercury and other toxic emissions from power plants, in Michigan, et al. v. EPA, Case No. 14-46. The petitioners include the states of Michigan, Alabama, Alaska, Arizona, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Utah, Virginia, West Virginia, and Wyoming. Other petitioners include the Texas Commission on Environmental Quality, Texas Public Utility Commission, Texas Railroad Commission, National Mining Association, Utility Air Regulatory Group, Midwest Ozone Group, United Mine Workers of American, and various chambers of commerce, utility and power authorities, and energy companies.
As previously reported in this blog, the petitioners claim the ruling of the D.C. Circuit Court of Appeals upholding the EPA’s new rules should be overturned because the EPA erred in determining that its decision to regulate emissions from these plants could be based solely on health or environmental risks, with no consideration of costs. The petitioners argue that Section 112 of the Clean Air Act requires a study of the risks along with a separate study or consideration of the costs. They claim that a significant amount of money – estimated at $9.6 billion annually – is at stake related to compliance with the rules.
The date for oral argument has not yet been announced. Stay tuned to this blog for further updates, or contact Toni Ellington at (504) 599-8500.
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