Here's the brief overview from Brad Plumer:
Let me be clearer.
The EPA's accounting of benefits came after the regulation was planned and, since the expensive regulation is considered to be about mercury, and mercury abatement isn't seen to have much benefit at all, any cost benefit analysis based on only mercury would kill the regulation.
The Supreme Court just threw a wrench into the Environmental Protection Agency's efforts to regulate mercury pollution from coal plants — one of the most sweeping environmental policies of President Obama's first term.
In a 5-4 majority opinion written by Justice Antonin Scalia, the Court ruled that the EPA didn't properly consider costs when crafting its mercury rule, which was finalized back in 2012 and would require coal-fired power plants to spend an estimated $9.6 billion per year cleaning up mercury and other toxic air pollutants.
The mercury rule will remain in effect for now, but the EPA will have to review and reconsider it in the months ahead. A final decision on how to proceed will be left to the DC Circuit Court, which has to follow this guidance from Scalia: "EPA must consider cost—including cost of compliance—before deciding whether regulation is appropriate and necessary. It will be up to the Agency to decide (as always, within the limits of reasonable interpretation) how to account for cost."
Image from the Fraser Institute |
The EPA's accounting of benefits came after the regulation was planned and, since the expensive regulation is considered to be about mercury, and mercury abatement isn't seen to have much benefit at all, any cost benefit analysis based on only mercury would kill the regulation.