The Supreme Court on Monday denied conservative states’ third request to stop the Environmental Protection Agency from moving forward with its pollution rules for coal-fired power plants.
The decision by the court not to take up the request by Michigan and others to overturn the regulation is a victory for the EPA and the administration.
“EPA is pleased that the Supreme Court has declined to review the Court of Appeals for the D.C. Circuit’s decision to keep the Mercury and Air Toxics Standards in place,” said agency spokeswoman Melissa Harrison. “These practical and achievable standards cut harmful pollution from power plants, saving thousands of lives each year and preventing heart and asthma attacks.”
Michigan, with several other states and industry groups, had sued the EPA in federal appeals court to overturn the agency’s 2012 pollution rules for power plants, saying the rules illegally targeted coal-fired power plants.
The decision by the appeals court was later taken up by the Supreme Court. The justices decided nearly a year ago that the EPA could not approve a rule without doing an analysis of the compliance costs. The agency was instructed to do the cost assessment, but the high court did not strike down the regulation.
The decision was sent back to the lower court, where it was ultimately decided that the EPA complete the assessment and continue on with the regulation.
Michigan has been attempting to appeal December’s decision by the D.C. Circuit Court of Appeals in three seperate petitions to the Supreme Court. All were denied.
