The Environmental Protection Agency told the Supreme Court Wednesday that a state motion to halt the agency’s expensive mercury and air pollution standards for power plants lacks merit and should be dismissed.
“The requested stay would harm the public interest by undermining reliance interests and the public health and environmental benefits associated with the rule,” the government argued in a response brief filed with the high court. “The application lacks merit and should be denied.”
A group of 20 states asked the court last month to halt the standards as the EPA works to finalize a cost assessment by mid-April. The Supreme Court last year said the EPA does not have the discretion to not assess the cost of its rules and must conduct a study.
Much of the nation’s power plant fleet has already complied with the regulations, costing them $9 billion annually. But there are still a number of plants that still must comply. A favorable ruling could help them escape making costly upgrades.
