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Supreme Court strikes-down power plant emissions rule

Weston coal fired power plant

The U.S. Supreme Court has struck down President Obama’s 2011 Mercury emissions regulations on coal-fired power plants.  23 states, a number of power companies and coal interests brought the suit saying the cost of implementing the rule outweighed the benefits to human health.

 

In a 5-4 ruling, the high court said the Environmental Protection Agency must take costs into consideration when deciding if such rules are appropriate and necessary.  Writing for the majority, Justice Anton Scalia said the cost of implementing the rules was $9.6 billion per year while the initial rule had EPA stating the health benefits generated by the lower Mercury emissions were at $4 to $6 million.  EPA has since restated the benefits to $37 to $90 billion per year.

 

The case now goes back to the Washington D.C. circuit court of appeals, it is unknown as to how that court will instruct EPA to proceed.  Companies have already spent 90 percent of the estimated $9.6 billion cost to comply including shutting-down some power plants.  It is doubtful they will reverse what has already been done.

 

The ruling does not apply to the Obama Administration’s new carbon emissions rules but some question as to whether the same cost-to-health benefit will be required.  Earlier this month the U.S. Court of Appeals in the District of Columbia dismissed a suit seeking to halt the carbon emission rules saying they were too onerous to implement.

 

In 2013 just under 39 percent of U.S. electricity is generated by 518 coal-fired plants.  That is down from over 50 percent from 629 plants in 2003.  Much of the cornbelt gets its electricity from coal.  According to the Energy Information Administration; Indiana and Missouri are over 80 percent, Ohio and South Dakota exceed 70 percent, Wisconsin and Nebraska are over 60 percent, Iowa and Michigan are at least 55 percent while Illinois and Minnesota get at least 45 percent of their electricity from coal.

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