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Did EPA Unreasonably Refuse to Consider MATS Costs? (11/26/14)

EPA’s final Mercury and Air Toxics (MATS) rule was published in the Federal Register on February 16, 2012.  On April 15, 2014, the D.C. Circuit Court of Appeals upheld EPA's MATS rule.  However, Judge Kavanaugh wrote an interesting dissenting opinion in which he explained why he believed EPA erred in failing to consider cost as an integral part of the Agency’s “appropriate” decision. 

On November 25, 2014, the U. S. Supreme Court granted a writ of certiorari to a group of petitioners regarding the MATS rule.  The writ of certiorari granted by the Supreme Court is limited to the following specific question: did EPA unreasonably refuse to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.

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Last Revised: February 16, 2016