Supreme Court Ruling Prolongs Uncertainty Over Fate Of EPA Utility MACT

The Supreme Court's 5-4 ruling faulting EPA for not considering costs when it first decided to craft a maximum achievable control technology (MACT) air toxics rule for utilities prolongs uncertainty over the eventual fate of the rule, as an appellate court will now have to weigh whether to vacate the regulation or remand it to the agency. The June 29 decision in Michigan, et al. v. EPA , et al. , authored by Justice Antonin Scalia, returns litigation over the...