The U.S. Court of Appeals for the District of Columbia Circuit Court will hear oral arguments to determine the future of the Environmental Protection Agency (EPA) mercury rule on Friday, Dec. 4.
Judge Merrick Garland, Judge Judith Rogers and Judge Brett Kavanaugh will hear the case, the same panel of judges who initially upheld the mercury rule two-to-one in 2014.
EPA has suggested remanding the rule without vacating it so it can fix the problem identified by the Supreme Court that it should have considered the cost of regulating when issuing an initial “appropriate and necessary” finding.
EPA recently proposed a fix using data collected during the implementation of the rule, and says it can finalize the new finding by next spring. Opponents say the court should make EPA start from scratch, arguing that if the initial “appropriate and necessary” finding was improper then the entire rule must be trashed, said one legal observer.
The case is White Stallion Energy Center versus EPA 12-1100.