On February 8th, a federal appeals court ruled that a rulemaking by the Environmental Protection Agency violates the Clean Air Act by evading mandatory cuts in toxic mercury pollution from coal- and oil-fired power plants violates the law. The decision invalidates the agency's so-called "Clean Air Mercury Rule," which would have allowed dangerously high levels of mercury pollution to persist under a weak cap-and-trade program that would not have taken full effect until well beyond 2020.
A copy of the decision is available at: http://pacer.cadc.uscourts.gov/docs/common/opinions/200802/05-1097a.pdf
Fourteen states and dozens of Native American tribes, public health and environmental groups, and organizations representing registered nurses and physicians challenged the EPA's suite of rules in 2005. The ruling by the United States Court of Appeals for the District of Columbia Circuit rebuked EPA for attempting to create an illegal loophole for the power generating industry, rather than applying the toughest emission standards of the Clean Air Act. The states challenging this EPA rule are: California, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Vermont and Wisconsin.
EPA unlawfully decided to remove power plants from the most protective requirements of the Clean Air Act, reasoning they had the authority under the law to do so. "This explanation deploys the logic of the Queen of Hearts," the court wrote in its decision.
"The federal court agrees with the American Medical Association that EPA's flawed mercury program for coal plants is hazardous to our health," said Vickie Patton, an attorney with Environmental Defense, which along with Sierra Club and the National Wildlife Federation was represented by Earthjustice in the lawsuit. "This decision is a victory for the health of all Americans, but especially for our children who can suffer permanent brain damage from toxic mercury pollution."
EPA estimates that as many as 600,000 babies are born annually at risk of serious harm from exposure to high maternal blood-mercury levels resulting from contaminated fish consumption.
"Coal company claims of
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