D.C. Circuit Strikes Down EPA’s Clean Air Mercury Rule

A unanimous three judge panel of the U.S. Court of Appeals for the District of Columbia Circuit in State of New Jersey v. EPA, No. 05-1097, et al., vacated on February 8 two key rules issued by the Bush Administration on the regulation of mercury emissions from power plants. The D.C. Circuit held that the Environmental Protection Agency (EPA) lacks authority to remove electric utility steam generating units (EGUs) from the list of regulated source categories subject to stringent Maximum Achievable Control Technology (MACT) standards under section 112 of the Clean Air Act (Hazardous Air Pollutants) except by applying the delisting criteria specified in the Act. The court also invalidated EPA's Clean Air Mercury Rule (CAMR), issued under section 111 (New Source Performance Standards) as a substitute for the more rigorous controls required by section 112. The D.C. Circuit's ruling has significant implications