The Utility Air Regulatory Group (UARG) has filed a petition for a writ of certiorari with the Supreme Court asking that it reconsider the federal appeals court ruling that vacated EPA's clean air mercury rule (CAMR). EPA has not yet decided whether to appeal the decision, instead asking the high court for a second deadline extension, until Oct. 17, to determine whether it also would seek review of U.S. Court of Appeals for the District of Columbia's February opinion vacating CAMR, a cap-and-trade plan to reduce mercury emissions at power plants. In UARG v. State of New Jersey, et al., filed Sept. 17, industry asks the justices to determine whether the D.C. Circuit failed to follow precedent established in the high court's Chevron holding, which requires courts to grant agencies deference in decisions where Congress is silent, because the court found that EPA was obligated to regulate hazardous emissions from power plants under section 112 of the air act even though EPA determined that "such regulation was neither 'appropriate' nor 'necessary.'" Relevant documents are available on InsideEPA.com. See page 2 for details.
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