April 2017

This week, the DC District Court of Appeals granted the Trump Administration's request to delay consideration of court challenges to the EPA mercury and air toxics (MATS) rule – a rule issued during the Obama Administration to reduce mercury, heavy metals and other toxic emissions from oil and coal-fired power plants. The rule is being challenged by the power plant industry.

The Trump Administration sought the delay while it considers whether it wants to defend the rule in court or take other administrative action to change the underlying policy on air pollution emissions.

The ATS has submitted an amicus brief in support of the EPA MATS rule. While the ATS is disappointed that the court granted the request to delay court proceedings on the MATS rule, it is important to note that the rule remains in effect during the court delay. According to industry reports, a significant majority of coal and oil-fired power plants have already come in compliance with emissions targets established under the MATS rules.