Bush Rules On Toxic Mercury From Power Plants Overturned
The Supreme Court today denied an industry request to reconsider a lower court ruling against a Bush administration rule on mercury emissions from power plants. The court announced today that it would not review a decision by the U.S. Circuit Court of Appeals for the District of Columbia, requested by the Utility Air Regulatory Group, to overturn the Clean Air Mercury Rule. The utility group asked the court to review the case last fall, arguing that the Bush administration had legally decided not to regulate power plants under the Clean Air Act’s Section 112, which requires the strictest emission controls, in order to allow for a more flexible cap-and-trade approach favored by utilities....