Justice Roberts Rejects Request to Stay Mercury & Air Toxics Rule

Today, Supreme Court Chief Justice John Roberts rejected a plea to stay or enjoin further operation of the Mercury and Air Toxics rule.  This is a big victory for the Obama administration, the EPA and environmentalists.

Roberts’s order came despite his court’s 5-4 decision last year ruling that the Environmental Protection Agency’s (EPA) regulation, known as the Mercury and Air Toxics Standards, is illegal, and he acted swiftly, waiting less than a day after the EPA’s response brief to side with the Obama administration. Furthermore, Roberts acted unilaterally, electing to reject the request himself rather than take it to the full court, which may have led to a 4-4 split following Justice Antonin Scalia’s death.

The mercury pollution standards, made final in 2012, are a separate regulation from the more controversial and costly carbon dioxide limits for power plants that are also being litigated in court.

The Supreme Court put an unprecedented halt to the carbon rule, known as the Clean Power Plan, last month by a 5-4 vote, when Roberts chose to let the full court vote on the matter. Thursday’s action by Roberts is completely separate from that case and the EPA says it plans to finalize a fix to the rule to retroactively apply its cost-benefit analysis in the way the Supreme Court said was necessary by next month which should move the rule forward toward protecting public health.