Twenty states failed to persuade the U.S. Supreme Court on Monday to examine an appellate court’s decision to leave in place legally flawed mercury and air toxics regulations while the U.S. Environmental Protection Agency addressed the shortcomings.
The states, led by Michigan, successfully challenged the Mercury and Air Toxics Standards in the Supreme Court last term. In Michigan v. EPA, the justices in 2015 ruled, 5-4, that the agency failed to consider the cost of compliance before deciding whether regulation of those power plant emissions was “appropriate and necessary.”
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