Supreme Court: EPA Must Consider Cost Before Deciding on Regulation

June 29, 2015

The U.S. Supreme Court on Monday ruled against the U.S. Environmental Protection Agency (EPA) by forcing it to consider costs before deciding whether regulation of air pollutants is appropriate and necessary.

In the 5-4 decision, the divided court reversed the D.C. Circuit's previous ruling that upheld the EPA's refusal to consider costs in its decision to regulate toxic emissions from power plants. The case, Michigan v. EPA, was brought forth by industry leaders and 21 GOP-led states. It arose from the agency's efforts to regulate pollution, particularly mercury, from power plants.


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