• More Power To Power Plants?
  • July 13, 2015 | Author: Stanley A. Millan
  • Law Firm: Jones Walker LLP - New Orleans Office
  • On June 29, 2015, in a five-to-four vote, the U.S. Supreme Court in Michigan v. Environmental Protection Agency (EPA) struck down a new EPA rule under the Clean Air Act of 1990 (“Act”) to regulate hazardous air pollutants, such as mercury, from power plants. The EPA’s statutory mandate is to regulate power plants’ hazardous air pollutants in the same way as other facilities are regulated under the Act, if, after a study of health hazards, the EPA finds that such powerplant regulations were, in general terms, “appropriate and necessary.” Then, if such regulation is “appropriate and necessary,” the EPA is expressly required to consider cost in choosing among standards (e.g., air emission limits) for power plants.