Supreme Court Rejects EPA Rulemaking Process For Power Plant Emissions Standards

The US Supreme Court held yesterday that the US Environmental Protection Agency (EPA) unreasonably failed to consider costs when it made the initial decision to regulate emissions of hazardous air pollutants from power plants. The Supreme Court's decision reversed a 2014 DC Circuit Court decision that had upheld EPA's regulation (called the Mercury and Air Toxics Standards or MATS rule), and sent the case back to the DC Circuit for further proceedings. 

Of particular note, the decision:

• did not vacate the MATS rule;
• may result in further opportunities for public participation and judicial review; and
• was issued after the April 16, 2015 compliance deadline that applied to entities that did not receive an extension.