On December 15, 2015, the United States Court of Appeals for the District of Columbia Circuit issued an Order that will leave in place the United States Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards final rule while the agency works to issue final findings as ordered by the United States Supreme Court. In White Stallion Energy Center, LLC, et al. v. United States Environmental Protection Agency, et al., No. 12-1100 (Dec. 15, 2015), the D.C. Circuit directed that the proceedings be remanded to the EPA without vacatur of the MATS final rule. The D.C. Circuit also noted that EPA has represented that it is on track to issue a final finding by April 15, 2016.
The MATS rule has a very lengthy and controversial history. On February 16, 2012, the EPA issued national emission standards for hazardous air pollutants (NESHAP) for coal and oil-fired electric generating units (EGUs), known as the Mercury and Air Toxics Standards (MATS). The MATS rule finalized standards to reduce emissions of toxic air pollutants including mercury, arsenic and heavy metals. EPA proposed to regulate these emissions under Section 112 of the Clean Air Act (CAA). Industry, states and Continue reading D.C. Circuit Court Issues Order Remanding MATS Rule to EPA Without Vacatur