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Court rules for the EPA against Texas again

Another win for the environment.

A federal appeals court on Tuesday upheld the Obama administration’s new rules that for the first time limit emissions of mercury and other harmful pollutants from coal- and oil-fired power plants.

In a split decision, the U.S. Court of Appeals for the District of Columbia Circuit rejected a Texas-based challenge to the regulations, saying the federal government acted reasonably to protect the environment and public health from poisonous gases and cancer-causing chemicals released into the air by the burning of fossil fuels.

Developers of the White Stallion Energy Center, a proposed power plant about 90 miles southwest of Houston, challenged the federal regulations, arguing that the new limits would be too burdensome and thus prevent them from securing financing for the project. Several industry groups and 22 states, including Texas, joined the fight.

But a divided three-judge panel ruled that federal law and previous court decisions do not require the Environmental Protection Agency to consider cost when imposing new regulations on electric utilities.

[...]

At the time the EPA finalized the rules in 2012, Texas was home to seven of the top 16 mercury-emitting coal plants in the nation, an Environmental Defense Fund analysis found.

“There is no other state that is going to get as much public health benefit than Texas from the mercury rule,” said Al Armendariz, a former EPA official who now leads the Sierra Club’s anti-coal campaign in the state.

See here and here for some background. I’ve long since lost track of which lawsuit by Texas against the EPA is about what, and I don’t think I have any previous blogging on this specific case, but it doesn’t matter. It’s all of a piece, and it’s all about whether we make the polluters be responsible for their actions or we give them a free pass. The EPA counters claims that these regulations are too costly for business with evidence that the health benefits for everyone else will outweigh those costs. That will never satisfy the polluters, of course, and I presume they’ll appeal this first to the entire DC court, then to SCOTUS. It’s a nice win for now but it’s far from over. The LA Times, the DMN BizBeat blog, the Texas Green Report, and the EDF, which has a separate statement beneath the fold, have more, while Wonkblog reminds us of the disproportionate effect of industrial pollution on minority neighborhoods.

Environmental Defense Fund applauds today’s ruling by the U.S. Court of Appeals in Washington, D.C., denying legal challenges to the U.S. Environmental Protection Agency’s (EPA) life-saving Mercury and Air Toxics Standards (MATS). Today’s court decision rejects flawed legal claims by Texas Attorney General Greg Abbott, one of the opponents of EPA’s vital clean air safeguards for our communities and families.

Attorney General Abbott has sued the federal government 31 times since 2004, needlessly costing Texan taxpayer’s nearly $4 million.

The EPA emission standards at issue establish the first nationwide emission limits on the mercury, arsenic and acid gases discharged from the U.S. fleet of existing coal- and oil-fired power plants, the single largest source of these toxic airborne contaminants.

Mercury exposure can impair the brain development of infants and young children. According to the EPA, each year more than 400,000 infants are born with elevated mercury levels in their blood, but the MATS standards will eliminate 90 percent of mercury emitted from coal-fired power plants. In Texas, the rule will annually prevent up to 1,200 premature deaths, while providing between $4 billion to $9.7 billion in health benefits in 2016 and each year thereafter.

“Today’s decision comes as an unquestionable victory for Texans who care about vital clean air safeguards and protecting our most vulnerable citizens – young children and pregnant women. Rather than waste taxpayer’s money and protect the interests of big fossil fuel companies, Greg Abbott and other state leaders should champion life-saving measures that protect the health and well-being of Texans.”

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One Comment

  1. Katy Anders says:

    The top SIXTEEN mercury-emitting plants?

    “Texas is number one in…” is one of the scariest phrases in the English language.

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