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Notice

On February 6, 2009, the Department of Justice, on behalf of EPA, asked the Supreme Court to dismiss EPA’s request that the Court review the D.C. Circuit Court’s vacatur of the Clean Air Mercury Rule (CAMR). Read the Acting Solicitor General’s motion (PDF). (2pp, 13k)

EPA has decided to develop emissions standards for power plants under the Clean Air Act (Section 112), consistent with the D.C. Circuit’s opinion (PDF) (18pp, 51k, about PDF) on the Clean Air Mercury Rule (CAMR).

Accordingly, on February 6, 2009, the Department of Justice, on behalf of EPA, asked the Supreme Court to dismiss EPA’s request (petition for certiorari) that the Court review the D.C. Circuit Court’s vacatur of the Clean Air Mercury Rule (CAMR). Read the Acting Solicitor General’s motion (PDF). (2pp, 13k, about PDF)

On February 23, 2009, the Court also denied the Utility Air Regulatory Group’s request to review the U.S. Circuit Court of Appeals decision.

History

The Clean Air Mercury Rule was part of the suite of inter-related rules collectively known as the Clean Air Rules of 2004. These rules address ozone and fine particle pollution, nonroad diesel emissions, and power plant emissions of sulfur dioxide, nitrogen oxides and mercury.

On March 10, 2005, in a separate but related action, EPA issued the Clean Air Interstate Rule (CAIR), which the D.C. Circuit remanded without vacatur on December 23, 2008. Read the court decision (PDF) (4pp, 22k, about PDF)

On March 15, 2005, EPA issued the Clean Air Mercury Rule to permanently cap and reduce mercury emissions from coal-fired power plants for the first time ever.

On February 8, 2008, the D.C. Circuit vacated EPA's rule removing power plants from the Clean Air Act list of sources of hazardous air pollutants. At the same time, the Court vacated the Clean Air Mercury Rule. Read the Court's Opinion (PDF) (18pp, 51k, about PDF)

Where to find more information:

Basic Information - Summary of the final Clean Air Mercury Rule as well as a summary of the design of the program and the benefits it will provide.

Regulatory Actions - Links to proposed and final rules, fact sheets, and other rulemaking documents.

Charts and Tables - A collection of printable charts, tables, and graphics demonstrating the health and environmental benefits of the Clean Air Mercury Rule.

Technical Information - Technical support information and links to related information.

Mercury Home - Provides a broad range of information: actions by EPA and others, including international actions; effects on people and the environment; and how to protect you and your family.

Implementation - Links to frequently asked questions, implementation status, and other implementation topics.


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