EPA Defends Legality of Embattled Mercury and Air Toxics Rule

Recently-tightened limits on mercury and heavy metal emissions for coal-fired power plants are adequately supported by statute and technical analysis, according to a brief filed Tuesday by the Environmental Protection Agency.

Republican attorneys general led by Drew Wrigley of North Dakota and energy companies sued the agency in May over the rule, which they claim imposes an unrealistic and illegal price tag on industry.

Petitioners tried to have the rule frozen during litigation with two separate stay requests: one to the US Court of Appeals for the District of Columbia Circuit and one at the US Supreme Court. Both were ...