Search

SCOTUS Rules Against EPA Clean Air Act Rules for Power Plants

Posted on 6/29/2015 by Roger Marks

The United States Supreme Court decided today that US EPA unreasonably interpreted Federal law by failing to consider costs to industry in its decision to expand regulation of emissions from power plants under the Clean Air Act. A 2012 EPA Final Rule sought to regulate emissions of mercury and other toxic air pollutants by power plants.

History of Clean Air Act for Power Plants

The Clean Air Act Amendments of 1990 set standards for “major sources” of certain air pollutants. In the 1990 amendments, Congress subjected power plants to specific, proscriptive standards for air emissions, for example, a cap-and-trade program for sulfur dioxide (SO2). The Amendments tasked EPA with developing air emissions standards for other major sources. Lastly, Congress directed EPA to review its rules for power plants at a later time and develop new rules, if necessary.

In February 2012, EPA published a Final Rule to limit emissions of mercury and other toxic air pollutants by power plants.

US EPA regulates air emissions under the Clean Air Act
 
SCOTUS Decision on Michigan v. EPA

In its decision on the case Michigan v. EPA, the Court says “EPA strayed well beyond the bounds of reasonable interpretation in concluding that cost is not a factor relevant to the appropriateness of regulated power plants.”

The Final Rule will now go back to the lower courts for further argument on EPA’s Clean Air Act rulemaking.

New Clean Air Act Regulations Now Available
A new online course is now available to help environmental engineers, EHS managers, and compliance officers keep their facilities in compliance with the US EPA’s Clean Air Act programs. The Clean Air Act Regulations guides professionals through compliance with Title V permit requirements, emissions and pollution controls, annual greenhouse gas (GHG) reporting, Risk Management Planning (RMP) responsibilities, and more. 

Build the expertise needed to make informed on-the-job decisions that help your site control pollution and maintain compliance. Interactive, easy to use, and available 24/7, the new online course will help you get up to speed with new and changing EPA clean air rules and protect your facility from costly EPA enforcement. 

Tags: Act, Air, Clean, EPA

Find a Post

Compliance Archives

Lion - Quotes

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

Download Our Latest Whitepaper

Start with these fundamentals to simplify hazardous materials shipping compliance.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.