High Court Split Over EPA's Need To Consider Costs

Law360, New York (March 25, 2015, 6:30 PM EDT) -- U.S. Supreme Court justices appeared split Wednesday over whether the U.S. Environmental Protection Agency had to consider costs before issuing its landmark rule limiting mercury and other toxic emissions from power plants, with the court's liberal wing backing the agency's decision to ignore costs amid skepticism from the conservative wing.

States and industry groups challenging the 2012 Mercury and Air Toxics Standards, or MATS, claim its $9.6 billion annual compliance costs far outweigh the benefits they will produce. The EPA argues that it reasonably construed Section 112 of the Clean Air Act as directing it to consider compliance costs when establishing...

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