Raleigh, NC
– A federal appeals court today ruled that the Bush Administration’s regulations
for mercury emissions are illegal, invalidating the so-called “Clean Air
Mercury Rule.” The rule would have allowed dangerously high levels of the potent neurotoxin, and would not have taken full effect until well beyond
2020.
Environmental
groups, including Environment North Carolina, challenged the EPA’s suite of
rules, along with fourteen states, dozens of Native American tribes, and public
health and other and organizations representing registered nurses and
physicians. Today’s ruling by the United States Court of Appeals for the
District of Columbia Circuit strongly rebuked EPA for creating an illegal
loophole for the power generating industry, rather than applying the toughest emission standards of the Clean
Air Act, and completely overturned both EPA’s delisting rule and the Agency’s
cap and trade alternative to strict standards.
“We are thrilled with this decision,” said Elizabeth Ouzts,
Environment North Carolina’s State Director. “EPA’s rule would have worsened the already
high levels of mercury contamination in significant national watersheds like
the Chesapeake Bay and the Great Lakes,
as well as smaller local watersheds near power plants. Our members already experience higher than
average mercury emissions, and can’t eat many locally caught fish species
because of concern about mercury contamination.
Research shows that deep cuts in industrial mercury emissions translate
to cleaner lakes, rivers, and estuaries, and lower levels of mercury in fish
and wildlife.”
Power plants spew 48 tons of mercury into the air each year,
yet only 1/70th of a teaspoon of mercury is needed to contaminate a
25-acre lake to the point where fish are unsafe to eat. Recent research by NOAA confirms that the Chesapeake
Bay and the Great Lakes exhibit high levels
of contamination in local fish and wildlife, and EPA’s own research shows that
local coal-fired power plants are a significant contributor to local contamination.
In addition, EPA estimates that as many
as 600,000 babies are born annually with irreversible brain damage because
pregnant mothers ate mercury-contaminated fish.
“The court has now told EPA in no uncertain terms to follow
the law as it is written. We are looking forward to working on rules that
reflect the most stringent controls achievable for this industry, as the Clean
Air Act requires,” said Ann Weeks, attorney for Clean Air Task Force who
represented Environment North Carolina’s national federation and three other
environmental organizations in the case.
“That’s what is needed to alleviate the public health issues associated
with mercury contamination in fish and wildlife.”
