On June 29, 2015, the U.S. Supreme Court struck down an Environmental Protection Agency (EPA) rule on mercury from power plants. The decision, Michigan v. EPA,1 is less significant for its effect on mercury emissions than for what it says about the court’s deference to EPA in cases of statutory ambiguity.
This column discusses the background and context of the case; the majority and dissenting opinions; and the decision’s implications for mercury emissions, for judicial review of administrative actions, and for the Clean Power Plan.
Background and Context
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