Jump to Navigation
Jump to Content

White Stallion Energy Center, LLC v. Environmental Protection Agency

ELR Citation: 44 ELR 20088
Nos. 12-1100, (D.C. Cir., 04/15/2014)

The D.C. Circuit upheld the emission standards EPA promulgated in 2012 for mercury and other listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. The rule was challenged by industry, saying the rule was too stringent, as well as by environmental groups, saying the rule did not go far enough. In the end, the court upheld EPA’s conclusion that it may regulate all hazardous air pollutant emissions from electric generating units. State, industry, and labor petitioners challenged EPA's interpretation and application of the “appropriate and necessary” requirement in CAA §112(n)(1)(A). But the court ruled that EPA's approach was based on a permissible construction of §112(n)(1)(A) and is therefore entitled to deference. In addition, the CAA does not evince unambiguous congressional intent on the specific issue of whether EPA was required to consider costs in making its “appropriate and necessary” determination under §112(n)(1)(A). EPA concluded it was reasonable to make a listing decision without considering cost, and the court upheld that decision, noting that CAA §112(n)(1)(A) neither requires EPA to consider costs nor prohibits EPA from doing so.