D.C. Circuit to hear arguments on EPA mercury rule Dec. 4

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.

About Wayne Barber 4201 Articles
Wayne Barber, Chief Analyst for the GenerationHub, has been covering power generation, energy and natural resources issues at national publications for more than 20 years. Prior to joining PennWell he was editor of Generation Markets Week at SNL Financial for nine years. He has also worked as a business journalist at both McGraw-Hill and Financial Times Energy. Wayne also worked as a newspaper reporter for several years. During his career has visited nuclear reactors and coal mines as well as coal and natural gas power plants. Wayne can be reached at wayneb@pennwell.com.