States file complaint against EPA's mercury rule

Twenty-five states are asking a federal court to delay upcoming U.S. Environmental Protection Agency (EPA) air toxics standards for coal-fired power plants by a year.

News reports said that the states filed an amicus brief with the U.S. District Court for the D.C. Circuit to move EPA’s deadline to issue the final maximum achievable control technology (MACT) rule ahead to November 16, 2012. The filing reportedly says EPA is not giving states and power plant owners enough time to comply with the rule. The brief also says the rule is at odds with President Obama’s executive order in January that requires agencies to ensure that regulations provide health protections but avoid unnecessary and costly burdens. Estimates put job losses at 1.5 million.

The filing reportedly claims that EPA has not properly assessed the cumulative effects of several regulations, including planned greenhouse gas standards and coal-waste standards and the recently finalized Cross State Air Pollution Rule (CSAPR).

States that filed include Alabama, Arkansas, Georgia, Kansas, Kentucky and Michigan.

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