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US EPA's mercury proposal could pave way for court challenge to Obama-era rule

01.04.19

Partner Angela Jean Levin was quoted in an S&P Global Market Intelligence article titled, “US EPA's mercury proposal could pave way for court challenge to Obama-era rule.” The article discusses the EPA’s December 27, 2018 proposal which could rescind the legal basis for the Obama-era Mercury and Air Toxics Standards, and could potentially give private coal interests cover to challenge the regulation itself. While it is unclear as to whether this proposal could establish a legal precedent that would allow the agency to limit its consideration of co-benefits in other rulemakings, the role of cost-benefit analyses focused on the goals of a hazardous air pollutant program is something that would be amenable to electric utilities. To this point, Levin was quoted as saying, "A key aspect of this rulemaking is to provide clarity on how those types of analyses should be done in the future."
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