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EPA’s Mercury Rule in Limbo After D.C. Circuit Order

Last Thursday, the D.C. Circuit granted the Environmental Protection Agency (EPA)’s motion to delay oral arguments scheduled on May 18 for litigation filed by an assortment of coal producing companies, which are challenging the agency’s “Supplemental Finding That It Is Appropriate and Necessary To Regulate Hazardous Air Pollutants From Coal and Oil Fired Electric Utility Steam Generating Units.”

The EPA urged the court to grant the delay so it could review the Obama administration’s final cost consideration for its Mercury and Air Toxics Standards (MATS) rule to determine whether it should reconsider or even repeal the rule.

The D.C. Circuit’s two-page order grants a 60-day stay of the case, orders the EPA to file status reports at 30-day intervals starting next month, and requires parties to the litigation to file supplemental briefs addressing whether the consolidated cases should be remanded to the EPA rather than suspended.

For more information about this or any related issue, please contact Indiana environmental law attorney KAB Brasseale at (812) 423-3183 or kbrasseale@KDDK.com; or contact any member of the KDDK Environmental Law Practice Team. Our attorneys take pride in professionally and cost-effectively steering our clients through the environmental due diligence, site investigation and remediation process.

About the Author

Kent A. (KAB) Brasseale II

With a degree in Chemical Engineering and more than 20 years’ experience practicing law, KAB Brasseale, is equipped with the skills and knowledge to efficiently and effectively represent clients in environmental, mineral, intellectual property, construction, business and real estate matters. KAB takes the time to understand his clients’ needs and objectives. KAB’s experience, combined with his active service in civic and professional organizations and as a real estate licensing instructor, have yielded the skills to achieve efficient “win-win” results.

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