Courting CAMR

The battle over the EPA's controversial Clean Air Mercury Rule (CAMR) is moving to the courts, and in a very big way. Earthjustice representing three major environmental groups, Sierra Club, Environmental Defense and National Wildlife Federation has filed opening briefs with the US Court of Appeals for the District of Columbia, challenging the EPA's CAMR.

As recently reported here at Hg-ATME four major health organizations representing over 300,000 health professionals, American Academy of Pediatrics, American Nurses Association, American Public Health Association, and Physicians for Social Responsibility have also filed briefs with the same Court also challenging the CAMR.

If that wasn't enough at least sixteen State's Attorneys General including California, Connecticut, Delaware, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, New Mexico, Pennsylvania, Rhode Island, Vermont, Wisconsin and the City of Baltimore, have also filed briefs with the same federal appeals court in Washington, D.C. also challenging the EPA's CAMR. Other health organizations, environmental groups, states and/or cities have already filed their own briefs, or may do so soon, or may join one of these suits.

All the suits allege the same things, perhaps argued in different ways; the EPA abdicated its responsibilities (in effect broke the law) in granting coal burning power plants toxic chemical emission relief, by not forcing most achievable control technologies (MACT) upon the power industry related to the toxin mercury; and the cap-and-trade portion of the CAMR is inappropriate for dealing with a neurotoxin like mercury, because it may contribute to the formation of localized "hotspots," regions of elevated mercury deposition.

All the groups want the Court to force EPA to do the right things and step up to their responsibilities. Immediately put MACT controls in place on coal burning power plants, and eliminate any plans of a cap-and-trade program.