EPA revives justification for mercury rule

The Big Story 

The Biden administration has restored the legal basis for limiting releases of toxic substances including mercury from coal- and oil-fired power plants. 

© AP

The move comes after the Mercury and Air Toxics Standards’ legal justification was undermined by the Trump administration. 

Mercury can cause brain and nervous system damage with in-utero exposure, as well as cause kidney problems in both adults and children. Meanwhile, exposure to other substances limited by the rule, such as arsenic, chromium and nickel, can cause cancer. 

The Trump administration made the regulation in question more susceptible to court challenges, though it did not change the substance of the rule. The Biden administration reversed that decision, finding the regulation to be “appropriate and necessary.”

In 2020, coal company Westmoreland Mining Holdings sued in an attempt to knock out pollution regulation after the Trump administration undercut its legal basis.

Mark DeLaquil, outside litigation counsel for Westmoreland, told The Hill on Friday that the case had already been halted.

DeLaquil added, in an interview prior to the EPA’s announcement, that the company would evaluate whether or not it is appropriate to continue its lawsuit once the EPA reestablished the “appropriate and necessary” finding. 

The agency said in a fact sheet that the rule has been “extremely effective” at keeping power plant pollution out of the air. Their mercury emissions dropped by 86 percent between 2010 and 2017. 

Read the full report at TheHill.com.

Welcome to The Hill’s Energy & Environment newsletter, we’re Rachel Frazin and Zack Budryk — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains.

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What We’re Reading 

News we’ve flagged from other outlets touching on energy issues, the environment and other topics:

• Florida workers got sick after Deepwater Horizon oil spill. They want BP to pay (The Tampa Bay Times)

• Lawmakers demand EPA action on troubled cleanup of lead-contaminated L.A.-area homes  (The Los Angeles Times)

• Facing attacks, feds and states grapple with protecting the grid (Pennsylvania Capital-Star)

• Battle lines drawn around EPA’s move against Utah ozone emissions (The Salt Lake Tribune)

• D.C. To Pilot Curbside Composting Pickup This Summer (DCist)

What Others are Reading 

Two key stories on The Hill right now:

New bill aims to improve transparency around disability-related air travel complaints

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Texas city sits atop new ranking of safest cities

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You’re all caught up. See you next week!