This post is by John Balbus, M.D., M.P.H., Chief Health Scientist at Environmental Defense.
A federal appeals court decided last week that a U.S. Environmental Protection Agency (EPA) rule exempting coal- and oil-fired power plants from cutting toxic mercury pollution violates the Clean Air Act and is unlawful. The court rebuked EPA for attempting to create an illegal loophole for the power generating industry rather than applying the toughest emission standards of the Clean Air Act (see full text of decision [PDF]).
The ruling invalidates the agency’s so-called "Clean Air Mercury Rule," which allowed power plants that fail to meet emission targets to buy credits from plants that exceeded targets, rather than installing mercury emissions controls of their own. In other words, the EPA wanted to use a cap-and-trade system with mercury – a highly toxic substance.
Fourteen states, dozens of Native American tribes, public health and environmental groups (including Environmental Defense), and organizations representing registered nurses and physicians challenged the EPA’s mercury rules. Are you surprised that Environmental Defense opposed a cap-and-trade system? It’s because mercury is a toxin, and cap-and-trade doesn’t work with toxins.
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