The US Supreme Court is considering whether the Environmental Protection Agency needs to take costs into account when regulating power plants.
Dan Boyce with our Inside Energy team reports.
21 states, including Wyoming and North Dakota, are suing the EPA over regulations to restrict emissions of mercury and other toxic chemicals.
The states and some industry trade groups argue the cost to implement these regulations far outweigh Benefits and the agency should consider costs before implementing the rules. A sentiment echoed by Justice Antonin Scalia.
“I would think it's classic arbitrary and capricious agency action for an agency to command something that is outrageously expensive.”
Overall, however, the court seems split.
The EPA argues Mercury is a dangerous neurotoxin and at least 15 states, including Colorado, have already implemented such regulations in an affordable way. A ruling on the case is expected in the coming months.
