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D.C. Circuit Keeps EPA’s Mercury and Air Toxics Standards in Place on Remand

Posted Thursday, December 17th, 2015

On December 15, 2015, the U.S. District Court of Appeals for the District of Columbia Circuit ordered that the Mercury and Air Toxics Standards (MATS) rule be remanded to the U.S. Environmental Protection Agency (EPA) without vacatur. The court noted that EPA attests it is on track to issue a final finding on whether the MATS rule is “appropriate and necessary” under the Clean Air Act by April 15, 2016.

In June 2015, the U.S. Supreme Court ruled that EPA must consider compliance costs in its study determining whether the MATS rule was “appropriate and necessary” under the 42 U.S.C. § 7412(n)(1)(A). Michigan v. EPA, 135 S. Ct. 2699 (2015). The Supreme Court left the D.C. Circuit to determine whether the rule should be vacated or kept in place as EPA conducts its study.

For additional information contact Jon Harris Maurer.

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