ICYMI: Trump’s Supreme Court Nominee Kavanaugh Thinks Mercury Safeguards Are ‘Unreasonable’

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Cindy Carr, cindy.carr@sierraclub.org

Last week, Donald Trump’s Supreme Court nominee Brett Kavanaugh submitted his questionnaire to Senators as a part of the confirmation process. In his answers, Kavanaugh said that he regards his 2014 dissent on EPA’s mercury standard in the White Stallion Energy Ctr., LLC v. EPA case as one of his top 10 most significant opinions. He said, "In my view, it was unreasonable — and therefore unlawful under the Administrative Procedure Act — for EPA not to consider the costs imposed by regulations in determining whether such regulations were 'appropriate and necessary.'"

Mercury, a potent neurotoxin, and other heavy metals from coal-fired power plants are known to pose serious dangers to health, particularly to pregnant women and young children. The EPA estimates that the life-saving protections provided by its Mercury and Air Toxics safeguard prevent nearly 20 premature deaths and create up to $170 million in healthcare benefits annually in Maine. But instead of putting the American people and the costs to their livelihoods and medical costs first, Brett Kavanaugh put corporate polluters’ profits first, and is now touting this ruling as one of his 10 most significant.

Senator Susan Collins has been a key advocate for Mainers when it comes to protecting families from toxic mercury pollution, breaking with her party to oppose the rollback of the Mercury and Air Toxics Standard. Brett Kavanaugh poses a grave threat to these protections and will put polluters’ profits over the safety of communities’ air, water, and health. Senator Collins must reject any nominee who would put polluters’ profits over our own health and safety. If Senator Collins is on the side of Mainers, then she cannot vote to confirm Brett Kavanaugh.

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.