Mercury and Air Toxics Standards: Co-Benefits and the Courts in U.S. Cost-Benefit Analysis
In April 2017, the U.S. Court of Appeals in Washington DC agreed with the U.S. Environmental Protection Agency (EPA) to delay indefinitely a lawsuit over the Agency’s regulation governing mercury pollution from power plants. Lawyers for the EPA argued that they needed time to evaluate the status of the lawsuit, due to “the recent change in Administration.” The case, Murray v. EPA, centers on the Agency’s analysis of the benefits of reducing mercury pollution. Key to that litigation is the EPA’s treatment of co-benefits—the incidental reductions to pollutants aside from mercury. As of this writing, the Agency has still not decided how to proceed. This case summarizes the EPA’s 2011 Regulatory Impact Analysis at the heart of the legal dispute.1