A battle over air pollution from power plants is headed for the U.S. Supreme Court. Kansas and 20 other states contend the EPA should have considered the costs of a 2011 rule that forces coal-fired power plants to install new equipment to remove mercury and other toxins from their exhaust.
An appeals court held that they didn’t have to consider the cost, but the Supreme Court has agreed to hear the states’ challenge. EPA Administrator Gina McCarthy says it’s a very narrow challenge, and one the agency will win.
“Next year is when the compliance comes around, and folks are already actively working on that, and we certainly don’t expect those reductions to be delayed in any way,” McCarthy says.
Kansas officials say the regulation will lead to higher costs for electricity.