MATS

Sat, 2014-04-26 08:00Farron Cousins
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Favorable Court Ruling Lets Americans Breathe Easier

The U.S. Environmental Protection Agency (EPA) scored a huge court victory recently, with the U.S. Court of Appeals for the District of Columbia ruling that the agency’s Mercury and Air Toxics Standard (MATS) is within the EPA’s realm of enforcement.

The rule, which was put in place in 2012 and would take effect later this year, would tighten the reins on coal-fired power plant pollution.  The legal challenge was brought by the dirty energy industry along with several states that contended that the new standards would cost the industry too much money.

The three-judge panel found that the rule did not overstep the EPA’s authority, although one of the justices did dissent on part of the ruling.  Judge Brett Kavanaugh said that he believed that the EPA did not consider the overall costs to the industry when they made the rule, even if the agency did conclude that the benefits outweigh the costs (that they allegedly didn’t consider).  

It is worth noting that Kavanaugh was appointed to the bench by former president George W. Bush after helping Bush craft a plan to pack the courts with conservative justices.  Prior to his position within the Bush administration, Kavanaugh worked for the corporate defense firm of Kirkland & Ellis, the firm currently representing BP for their negligence in the Deepwater Horizon oil spill disaster. 

The specific language that was targeted was the phrase “appropriate and necessary,” which appears in the Clean Air Act and is the phrase that gives the EPA the authority to enact new standards.  The court found that the industry’s challenge that the rule was neither appropriate nor necessary was flawed.

The real issue in the case is that the industry does not want to pay to clean up their operations.  However, some companies have already installed the necessary equipment to capture mercury and other toxic pollution. 

Mon, 2012-06-18 12:56Farron Cousins
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Dirty Energy Industry Sues EPA Over Clean Air Initiatives

In a blatant insult to the millions of Americans who would breathe easier under the EPA’s air pollution controls, the dirty energy industry, along with other groups, has sued the EPA to stop regulating toxic industrial air pollution. The Center for American Progress has the story:
  

Two essential Environmental Protection Agency, or EPA, regulations to protect children, seniors, the infirm, and others from air pollution are under attack from the coal industry and many utilities.

Last year the EPA issued two rules that would reduce smog, acid rain, and airborne toxic chemicals: the Cross-State Air Pollution Rule and the Mercury and Air Toxics Standards.

On July 6, 2011, the EPA finalized the Cross-State Air Pollution Rule to reduce sulfur dioxide and nitrogen oxide pollution—two of the main ingredients in acid rain and smog—from power plants in upwind states that were polluting downwind states. An interactive EPA map demonstrates that pollution doesn’t stop at state borders.

Then, on December 16, 2011, the EPA finalized the first standards to reduce mercury, arsenic, lead, and other toxic air pollution 21 years after controls on such pollution became law.

Today more than 130 coal companies, electric utilities, trade associations, other polluting industries, and states are suing the EPA in federal court to obliterate, undermine, or delay these essential health protection standards. A parallel effort is underway to block the mercury reduction rule in the Senate, which is scheduled to vote on it this week. This CAP investigation found that these utilities were responsible for 33,000 pounds of mercury and 6.5 billion pounds of smog and acid rain pollution in 2010 alone.

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The industry has been actively working to undermine the work of the EPA for years, and this lawsuit comes on the heels of a package of legislation recently introduced by House Republicans that would gut the EPA of most of their regulatory authority over air pollution emissions, including mercury emissions.

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