Opinion analysis: Power plants stymie smokestack controls

Operators of electric generating plants that burn coal or oil have a right to try to convince the government that regulating poisons that come out of their smokestacks will cost them too much and thus should not go ahead, the Supreme Court ruled by a five-to-four vote on Monday.   The decision focused on the very hazardous pollutant mercury but may apply to others as well.
When Congress orders an agency to begin regulating an industry, but says it should do so only if “appropriate and necessary,” the agency must take costs into account before it issues any orders, according to the ruling in a group of cases under the name Michigan v. Environmental Protection Agency.
The decision, written by Justice Antonin Scalia, at least temporarily blocked a ruling by the EPA that it would go ahead and regulate power plants while delaying,

Original SCOTUS article

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