Why am I surprised by this? I should have seen it coming. But all my common sense told me not even 'W' would try for a Hail Mary of this magnitude. Last Friday the Bush administration requested the Supreme Court of the United States to consider hearing arguments to overturn the unanimous US Circuit Court of Appeals vacatur of the Clean Air Mercury Rule.
No one really expects this strategy to do anything but delay future more meaningful attempts at regulating mercury emissions from coal fired power plants. The Clean Air Act is pretty specific in its intentions, and waving mercury as a hazardous pollutant is not one of them. Several attempts to fight this request will be mounted to force EPA and Congress to simply get on with legal regulation of a hazardous toxin.
A brief article and audio broadcast from Pat Bradley at WMAC - Northeast Public Radio has more.
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