EPA's Mercury Emission Policy Ruled Illegal

Last Friday, a federal appeals court ruled on the EPA's mercury emission policy, saying the Bush administration ignored the Clean Air Act and endangered the health of Americans.

A three-judge panel unanimously struck down a mercury-control plan imposed by the EPA three years ago. The U.S. Court of Appeals for the District of Columbia Circuit negated a rule known as cap-and-trade. That policy allows power plants that fail to meet emission targets to buy credits from plants that did, rather than having to install their own mercury emissions controls. The rule was to go into effect in 2010.

Environmentalist and health experts argued that such a cap-and-trading mechanism would create “hot spots” of mercury contamination near some power plants. Seventeen states as well as environmental and health groups joined in a suit to block the regulation, saying it did not adequately protect public health.