EPA Entreats Supreme Court To Hear Mercury Case

Law360 (October 21, 2008, 12:00 AM EDT) -- The U.S. Environmental Protection Agency has asked the U.S. Supreme Court to take on a case involving the regulation of mercury emissions from coal- and oil-fired power plants.

In a petition for a writ of certiorari filed last week, the EPA argued that mercury emissions should be controlled through a cap-and-trade program and not subject to a stricter provision of federal law.

The agency said its cap-and-trade rule would “achieve substantial, cost-effective reductions,” and that the U.S. Court of Appeals for the D.C. Circuit erred when...
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