Michele Hale DeShazo Discusses DC Circuit Decision to Reject Emergency Block Requests Against EPA Mercury and Air Toxic Standards (MATS) Rule

August 28, 2024

Michele Hale DeShazo was recently quoted in an S&P Global Market Intelligence case report, discussing the significance of the U.S. Court of Appeals for the District of Columbia Circuit's rejection of emergency requests to block a new EPA regulation targeting mercury and toxic emissions from coal-fired power plants.

This decision came after the court backed the EPA's mercury and air toxics standards (MATS) rule in April. The rule mandates a significant cutback in emissions from coal-fired plants, with a mandated 67 percent decrease in toxic metal emissions and a 70 percent reduction in mercury from lignite-fired units. The rule marks a major development in air quality regulation.

The court declared that the various parties did not meet the criteria for a stay on the MATS rule and gave them 14 days to propose a joint briefing schedule. DeShazo said that the court's call for a quick legal proceeding suggests the petitioners "face an uphill climb" in their effort to impede the EPA rule.

"Fourteen days is pretty fast," DeShazo observed, highlighting the speed at which the court aims to address this matter. "And so, I think it's essentially telegraphing that 'we intend to handle this quickly, and no, you're not going to get any stay on the actual implementation of this rule.'"

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