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ARTICLE · 26 NOVEMBER 2014

Supreme Court Docket Report - November 25, 2014

Mayer Brown
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Clean Air Act—EPA’s Consideration of Costs in Decision to Regulate the Emission of Hazardous Air Pollutants by Power Plants

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Today, the Supreme Court granted certiorari in and consolidated three cases of interest to the business community:

Clean Air Act—EPA's Consideration of Costs in Decision to Regulate the Emission of Hazardous Air Pollutants by Power Plants

Section 112 of the Clean Air Act, as amended by the Clean Air Act Amendments of 1990 (42 U.S.C. § 7412), requires the Environmental Protection Agency to list major sources of hazardous air pollutants and then to promulgate emission standards for those sources. Within this framework, Congress carved out a listing analysis that applies only to electric-utility steam-generating units, or power plants. To list electric power plants, § 112(n)(1)(A) provides that EPA must first conduct "a study of the hazards to public health reasonably anticipated to occur as a result of emissions" of hazardous air pollutants "after imposition of the requirements of [the Act]." EPA "shall" then regulate those power plants "if [it] finds such

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