HEAT OF THE MOMENT

SUPREMES OVERTURN EPA'S POWER-PLANT RULES

Unreasonably interpreted Clean Air Act when deciding limits on emissions

Cheryl Chumley

The U.S. Supreme Court, in a 5-4 ruling, slapped down the Environmental Protection Agency’s landmark air-quality regulation, criticizing the federal entity for failing to take into consideration how its implementation would hike costs.

The justices said in a ruling released Monday the EPA went above and beyond what was lawful under the existing Clean Air Act when it determined limits on certain toxins and pollutants without looking at the costs of compliance.

Specifically, the case, Michigan v. EPA, focused on the agency’s regulatory limits of mercury and other pollutants from coal-fired power plants.

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The EPA said its rule would cost about $9.6 billion, but bring about $37 billion – and up to $90 billion – in environmental benefits, including the prevention of 11,000 or so premature deaths and 130,000 cases of asthma each year. EPA also said the regulatory impact analysis shouldn’t have any bearing on whether the regulations themselves were appropriate, the Hill said.

But the justices, led by Antonin Scalia, wrote in their final decision: that’s not true.

They said the EPA “unreasonably” interpreted the Clean Air Act by failing to consider compliance costs and then determining if the regulation was “appropriate and necessary,” the Hill reported.

The ruling will have an immediate effect, given some power plants in the country were also forced to adopt the regulations and reduce certain emissions.

“[This ruling is a] vindication of common sense that is missing in much of the administration’s regulatory actions,” said National Mining Association president Hal Quinn in a statement reported by the Hill. “The decision effectively puts EPA on notice: reckless rule making that ignores the cost to consumers is unreasonable and won’t be tolerated.”

Read more at http://www.wnd.com/2015/06/supremes-overturn-epas-power-plant-rules/#HCCdfKsdmxlLmucM.99