Supreme Court Sides with EPA, Environmental and Health Groups, Upholds Air Pollution Standards

Washington, D.C. — Today, the Supreme Court of the United States rejected large corporations and big polluters’ request to halt the Environmental Protection Agency’s (EPA) updated Mercury and Air Toxics Standards (MATS) for power plants.

In April, EPA announced stronger standards to address power plants’ hazardous air pollutants—including mercury and arsenic—which are linked to negative health outcomes such as heart attacks, cancers, and developmental delays in children. The standards target a handful of plants with outdated and poorly maintained pollution controls, with especially important impacts on children, indigenous communities, and communities of color. The EPA projects that by 2028, the new standards will reduce mercury emissions by 1,000 pounds, lower fine particulate matter pollution by 770 tons, and decrease emissions of other harmful chemicals, including arsenic, lead, and nickel, by seven tons.

In response to these measures, Republican state attorneys and their coal industry partners attempted to block the measures from taking effect in the U.S. Court of Appeals for the District of Columbia Circuit. In June, their request was denied unanimously by a panel of the D.C. Circuit. 

Today’s decision by the Supreme Court allows implementation of the EPA’s MATS emission standards to proceed while litigation on the merits is ongoing.

“This decision protects the health and well-being of our communities, rather than those of corporate financial interests,” said Holly Bender, the Chief Energy Officer of Sierra Club. “For too long, families have suffered the negative health effects of air pollution from power plants. Today’s decision is a victory for communities across our country, and especially those living next to the country’s dirtiest coal-fired plants. These critical standards will allow them to breathe easier and without fear of the harmful pollutants that have plagued the air for years. Today’s decision recognizes the falsity of polluters’ constant claim that cleaner electricity threatens the reliability of the system; the MATS update affects a handful of poorly maintained and outdated plants, collectively responsible for less than two percent of projected generation in 2028. We will continue our work to defend safeguards like the one that was upheld today, and continue paving the way for a healthier, cleaner future for all.”

“This decision means that communities living in the shadow of lignite-burning plants in Texas will benefit from quicker reductions in mercury pollution,” said Misti O’Quinn, the East Texas campaign organizer for Sierra Club. “These people know that every day, every week, every month of mercury exposure matters to their health and their kids’ health. The attempt by wealthy industry and industry-friendly politicians to stop implementation of the MATS rule was morally bankrupt from the very beginning. We support the Court’s decision to allow the MATS rule to be implemented as EPA intended, and we look forward to the D.C. Circuit upholding the rule so that the people can finally get the protection they deserve.”