State AGs Challenge EPA Mercury Rule Cost-Benefit Analysis

Law360 (July 21, 2020, 6:46 PM EDT) -- Twenty states sued the U.S. Environmental Protection Agency on Monday over its decision to remove the legal underpinning for mercury emissions regulations at power plants by tweaking a cost-benefit analysis.

The lawsuit challenges the EPA's April reversal of a finding that the Mercury and Air Toxics Standards rule is "appropriate and necessary" based on a weighing of the costs and benefits of the regulation. While the Obama administration found that the benefits outweighed the costs and thus a rule was "appropriate and necessary," the Trump administration redid the analysis, removing some benefits that the EPA had previously accepted. Through the revision,...

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