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Expert Analysis

A Possible Pattern In EPA Cases Before The High Court

Law360, New York (July 1, 2015, 10:34 AM EDT) -- The U.S. Supreme Court's 5-4 decision in Michigan v. U.S. Environmental Protection Agency struck down the EPA's mercury and air toxics standard ("MATS") rule. The MATS rule imposed stringent hazardous air pollutant ("HAP") standards on coal-fired and oil-fired power plants. Estimates of the compliance cost for industry came in at nearly $10 billion per year. Twenty-one states and a variety of impacted industries argued to the Supreme Court that the EPA had not appropriately accounted for cost in determining whether to regulate hazardous air pollutants from these power plants. The Supreme Court agreed....

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