Mercury Ruling Leaves EPA With Few Options

Law360, New York (February 26, 2008, 12:00 AM EST) -- A unanimous three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit in State of New Jersey v. EPA, No. 05-1097, et al., vacated on Feb. 8 two key rules issued by the Bush administration on the regulation of mercury emissions from power plants.

The D.C. Circuit held that the Environmental Protection Agency (EPA) lacks authority to remove electric utility steam generating units (EGUs) from the list of regulated source categories subject to stringent Maximum Achievable Control Technology (MACT) standards under...
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