Class Year


Document Type

Litigation Update

Publication Date

Spring 2008


On February 8, 2008 the U.S. Court of Appeals for the District of Columbia vacated two Environmental Protection Agency (“EPA”) actions, the first to delist mercury emitting coal and oil-fired electric utility steam generation units (“EGUs”) from section 112 of the Clean Air Act (“CAA”), and the second to limit mercury emissions, under the much less restrictive, CCA section 111 with the new Clean Air Mercury Rule (“CAMR”). The suit was filed by the state of New Jersey, along with thirteen other states, environmental organizations, and industrial groups.