Appeals Court Overturns EPA Mercury Emission Rule

Law360, New York (February 8, 2008, 12:00 AM EST) -- An appeals court has struck down a decision by the U.S. Environmental Protection Agency to regulate the mercury emissions of coal- and oil-fired power plants through a cap-and-trade system rather than subjecting the facilities to a stricter provision of federal law.

The U.S. Court of Appeals for the District of Columbia Circuit said in its ruling Friday that the EPA had used “the logic of the Queen of Hearts, substituting EPA's desires for the plain text” of the Clean Air Act.

Environmental groups and 15 states...
To view the full article, register now.