Sixteen states challenge U.S. EPA's 
mercury emission rules

SACRAMENTO, CA (06/23/06) -- California and 15 
other states have filed a new petition in federal court challenging final rules published by the U.S. EPA which establish a "cap-and-trade" system for regulating  mercury emissions from power plants.

"These rules flout consensus science and clear federal law," said California Attorney General Bill Lockyer. "But worst of all, they fail to protect women and children from a toxic substance that can cause birth defects and learning disabilities. The industry may win with these weak standards. But our public health, communities and families will be the losers."

EPA recently announced it would move forward with its cap-and-trade program for mercury emissions despite petitions from the states and environmental groups. The petitioners outlined how the program will delay meaningful emissions reductions for many years and pose a serious threat to the health of children by perpetuating hot spots of local mercury exposure.

The coalition of states filed suit last year in the U.S. Court of Appeals for the D.C. Circuit, challenging the cap-and-trade rule and a separate regulation that removed power plants from the list of pollution sources subject to stringent pollution controls under the federal Clean Air Act. The lawsuit, which alleges both rules violate the Clean Air Act, was put on hold by the court in October 2005 when the EPA agreed to formally reconsider the rules.

After more than six months, EPA on June 9 adopt final rules that failed to address any of the concerns raised by the states. The new petition filed by the states will allow the 2005 suit to move forward.

The petition is available online.

The states challenging the EPA rule includes California, Connecticut, Delaware, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Vermont and Wisconsin.