Proposed Consent Decree Could Set New Standards for Power Plant Mercury Emissions

December 8, 2009
by CAROL McCABE
Client Alert Newsletter December 2009

Pursuant to a proposed consent decree under consideration in the matter of American Nurses Assn. v. Jackson, the U.S. Environmental Protection Agency ("EPA") agrees to propose a rule establishing technology-based standards to control emissions of mercury and other air toxics from power plants by March 2011, with a final rule proposed deadline of November 2011. In addition, the consent decree would settle the suit brought by the American Nurses Association, the Chesapeake Bay Foundation and other health and environmental organizations against EPA to mandate the promulgation of hazardous air pollutant emission standards from electric utility steam generating units, as required under the Clean Air Act. The proposed consent decree was filed in the U.S. District Court for the District of Columbia on October 22, 2009.