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Agency Authority At Stake In High Court Mercury Rule Review

Law360, New York (November 25, 2014, 7:05 PM EST) -- The U.S. Supreme Court’s surprising decision Tuesday to review the U.S. Environmental Protection Agency’s landmark rule limiting mercury and other toxic emissions from coal- and oil-fired power plants signals increased skepticism over the agency’s regulatory reach, and a reversal could limit the rule-making reach of the EPA and other federal regulators, experts say.

The high court granted a petition for writ of certiorari filed by 23 U.S. states and two utility industry groups that claim the EPA’s 2012 Mercury and Air Toxics Standards, or MATS, would drive up electricity prices and cripple the coal industry. A divided D.C. Circuit panel upheld...

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