U.S. Supreme court rules against air pollution rule

The United States Supreme court on Monday ruled that the Obama administration should have considered compliance cost when it decided to emit emissions of mercury and the other hazardous air pollutants mainly that come from coal-fired power plants, a setback from the government that leaves the legal status of the regulation in limbo.

According to Reuters, the court ruled in 5-4 decision, with its five conservative justices in the majority, against the U.S Environmental Protection Agency. The rule stays in effect for the time being, with the case returning to an appeals court, which will decide whether or not it should be thrown out.

The Agency in a statement said that the EPA was disappointed that the court did not uphold the rule. This rule was issued more than three years ago, and investments have been made and most plants are already well on their way to compliance.

The agency added that the EPA remains committed to ensuring that the appropriate standards are in place to protect the public from the significant amount of toxic emissions from coal and oil-fired electric utilities and continue reducing the toxic pollution from these facilities.

Justice Antonin Scalia, writing on behalf of the court, said that a provision of the clean Air act said that the EPA can regulate power plants for scrutiny if it deems it appropriate and necessary, must be interpreted as including a consideration of the costs. The EPA had decided that it did not have to consider costs at all the stages of the process.

The legal rationale that was adopted by the courts is unlikely to have broader implications for the other environmental regulations, including the Obama administration’s Clean Power Plan that would cut carbon emissions from existing power plants, according to lawyers following the case.

Industry groups and states however, are gearing up to challenge EPA’s plan to issue new regulations aimed at curbing carbon emissions from existing power plants.

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