The Supreme Court in a 5-4 split ruling on Monday rejected the Environmental Protection Agency’s MATS rules governing toxic air pollutants including mercury. This ruling will have immediate consequences for the air pollution industry, but the impact will be uneven. It will affect the suppliers of certain types of equipment but not others. There are short-range and long-range impacts which are both negative and positive according to the analysis in the Mercury Air Reduction Market published by the McIlvaine Company. Justice Scalia, writing for the court’s majority, said “The agency must consider cost—including, most importantly, cost of compliance—before deciding whether regulation is appropriate and necessary.” “It is not rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits. Statutory context supports this reading.” The EPA had argued that it was not required to take costs into account when it made the initial determination to regulate. But the agency added… Click Here For Complete News Release Text
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