U.S. Supreme Court Finds that EPA's Failure to Consider Costs in power Plant Regulations Was Unreasonable On June 29, 2015, the U.S. Supreme Court in Michigan v. EPA, 135 S. Ct. 2699 (2015), found that the U.S. Environmental Protection Agency's (EPA) decision to regulate power plant emissions under the Clean Air Act's (CAA) National Emissions Standards for Hazardous Air Pollutants (NESHAP) program was unreasonable because the EPA failed to consider costs in its determination. Although limited to power plant regulatory requirements, the Court's decision could have implications for other EPA CAA regulatory programs and rulemakings.
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