"EPA's mercury rule struck down"

"Court says agency violated the Clean Air Act when it exempted coal-burning power plants"

A federal appeals court struck down an Environmental Protection Agency regulation on mercury emissions Friday that environmentalists had criticized as weak and illegal.

The decision marked a victory for 14 states, environmental groups and American Indian tribes that had challenged the EPA's Clean Air Mercury Rule. But it did not guarantee the deep cuts in mercury emissions those groups seek.

Coal-burning power plants are the single largest domestic source of mercury emissions. Nearly 500 plants supply about half the nation's electricity.

A three-judge panel on the U.S. Circuit Court of Appeals for the District of Columbia ruled the EPA violated the Clean Air Act in 2005 when it exempted coal-burning power plants from the act's most stringent requirements for cleaning up hazardous pollutants.

Friday's decision means the EPA must start over in crafting a regulation to cut mercury emissions.

The judges also invalidated the agency's plan to adopt a "cap and trade" program to cut mercury emissions from power plants.

The program would have allowed power plants to buy and sell mercury pollution credits...

Environmental groups welcomed the court's decision and called on the EPA to enact a more aggressive regulation.

"We are looking forward to working on rules that reflect the most stringent controls achievable for this industry, as the Clean Air Act requires," said Ann Weeks, attorney for the Clean Air Task Force.
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I don't know why it took 3 years - whether it reflects weakening of BushCOs power grip - or if it normally takes that long. There seem to be a lot of Bush Admin sorts of things being reversed recently. Of course in the meantime they are successful at not getting anything positive accomplished - and preventing others from doing so.

At one time - one would have expected that if the EPA proposed something that it would be a positive thing for the environment. Not these days.