Friday, November 28, 2014

Supreme Court will hear challenge to EPA rule

The Supreme Court of the United States announced earlier this week that it will hear the appeal by Kentucky and 22 other states of the Environmental Protection Agency’s (EPA) Mercury and Air Toxins Standard (MATS), which has caused the announced retirement of more than 2,000 megawatts (MW) of coal-fired electric generation in Kentucky alone. In a consolidated appeal, the Supreme Court will consider the following question:

"Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities."

Attorney General Jack Conway joined with Michigan Attorney General Bill Schuette and 21 other states and additional parties to seek the Supreme Court’s certiorari, or review of the judgment of the Court of Appeals for the D.C. Circuit upholding MATS, which was entered on April 15, 2014.

The state Attorneys General will file their brief on Jan. 9, 2015, with oral arguments to be scheduled later next year.