Coal Power Plants Dealt Blow by Appeals Court Ruling

The nation's first standards requiring power plants to reduce hazardous emissions, including the neurotoxin mercury, a coal-burning by-product, was upheld by a federal appeals court in a major win for public health, the EPA, and President Obama.

2 minute read

April 18, 2014, 8:00 AM PDT

By Irvin Dawid


"The standards are a notable environmental accomplishment for President Barack Obama and a blow to the coal industry, which is the biggest source of mercury emissions in the U.S., according to the Environmental Protection Agency," write Amy Harder and Brent Kendal about the ruling by the U.S. Court of Appeals for the District of Columbia Circuit. The EPA standards were challenged "by more than 20 states with utilities that depend heavily on coal for energy production."

The court's majority ruled the EPA acted reasonably in issuing the rules, rejecting arguments that the agency should have considered the costs of its regulations before moving forward. A dissenting judge, Brett Kavanaugh, warned the regulations would cost utilities more than $9 billion a year.

According to the EPA webpage on mercuryheretofore "there have been no federal standards that require power plants to limit their emissions of toxic air pollutants like mercury, arsenic and metals - despite the availability of proven control technologies, and the more than 20 years since the 1990 Clean Air Act Amendments passed."

That would be scrubber technology that should be able to reduce mercury emission, "a neurotoxin the EPA says is known to cause brain damage and other health problems, particularly in developing fetuses and young children," by at least 90%."

These new regulations, which precede President Obama's proposed regulations on greenhouse gas emissions by a good 20 years, along with much-reduced prices in natural gas, led to utilities retiring coal-burning generators and replacing them with natural gas generators.

As for an appeal to the Supreme Court, "Michigan Attorney General Bill Schuette, one of the states in the lawsuit," indicated through a spokesperson: "We are reviewing the opinion and considering our options in consultation with other states." 

Tuesday, April 15, 2014 in The Wall Street Journal - Politics and Policy

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Close-up on Canadian flag with Canada Parliament building blurred in background.

Canada vs. Kamala: Whose Liberal Housing Platform Comes Out on Top?

As Canada votes for a new Prime Minister, what can America learn from the leading liberal candidate of its neighbor to the north?

April 28, 2025 - Benjamin Schneider

Close-up on woman in white and blue striped knee-length dress standing next to mint green cruiser bike resting against low wrought iron fence in front of green lawn.

Paris Voters Approve More Car-Free Streets

Paris Mayor Anne Hidalgo says the city will develop a plan to close 500 streets to car traffic and add new bike and pedestrian infrastructure after a referendum on the proposal passed with 66 percent of the vote.

45 minutes ago - domus

Close-up of man in manually operated wheelchair waiting at urban crosswalk.

Making Mobility More Inclusive

A new study highlights the challenges people with disabilities continue to face in navigating urban spaces.

1 hour ago - Greater Good Magazine

US and Texas flags flying in front of Texas state capitol dome in Austin, Texas.

Texas Bills Could Push More People Into Homelessness

A proposal to speed up the eviction process and a bill that would accelerate enforcement of an existing camping ban could make the state’s homelessness crisis worse, advocates say.

2 hours ago - The Texas Tribune