The Supreme Court ruled Monday against a key Obama policy aimed at limiting mercury and other toxic emissions from power plants. The decision is a blow for environmentalists and a dent in President Obama’s legacy on the environment.
In a 5-4 decision, the Court ruled that the Environmental Protection Agency’s failure to conduct a cost-benefit analysis of the rule violated a provision of the Clean Air Act that requires regulations to be “appropriate and necessary.”
Trade groups representing the energy industry argued that a cost-benefit analysis was needed to determine whether the regulation was necessary. In their estimation, Obama’s rule cost nearly $10 billion annually for a mere $6 million in benefits. The EPA contested those numbers, but also emphasized the health benefits of the regulation. The rule could have halted up to 11,000 premature deaths each year, according to the EPA.
Justice Antonin Scalia wrote the majority opinion, joined by the Court’s four other conservative justices, and Justice Elena Kagan wrote in dissent.
“One would not say that it is even rational, never mind ‘appropriate,’ to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits,” said Scalia from the bench on Monday. “No regulation is ‘appropriate’ if it does significantly more harm than good.”
Coal power plants emit about half of all the mercury that enters the environment in the U.S. each year. The toxin can cause a variety of ailments, and even death, when it contaminates the food supply.
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A passenger train travels through town past a refinery in Bakersfield, Calif.Lexey Swall—GRAINOil pumps and scarred earth can be seen for miles in an area of North Bakersfield called the Bluffs. A Cogeneration Plant sits in the middle of the fields and is one of California's top polluters.Lexey Swall—GRAINA dust storm blows through Bakersfield, Calif. Dust is a pervasive problem in the area.Lexey Swall—GRAINYareli Gonzalez, 7, suffers from asthma and receives two nebulizer treatments per day, indefinitely. Gonzalez lives in Shafter, a rural farming town in Kern County, Calif. Kern County sits at the southern end of the San Joaquin Valley, an area known for having the worst air in the nation due to dust, smog and high levels of ozone.Lexey Swall—GRAINAsthma educator Sharon Borradori, left, shows Margarita Hernandez, center, and her husband, Severo Velasco, right, how their 2-year-old son, Mauricio Velasco will use an inhaler when he's older. Mauricio was recently released from the hospital after suffering from an extreme asthma attack. Lexey Swall—GRAINChildren practice sports on a field at Bakersfield High School which backs up against the train yard that runs through the middle of town in Bakersfield.Lexey Swall—GRAINYoung football players exercise on the stadium of Bakersfield High School. Bakersfield High is the oldest high school in town and the mascot, the Driller, is directly tied to area industry.Lexey Swall—GRAINBenjamin Swall, 14, waits for his brother's football practice to end at Bakersfield High School.Lexey Swall—GRAINRed Simspon, a country music legend and Bakersfield native, smokes a cigarette outside of the Rasmussen Senior Center in Oildale, north of Bakersfield. Lexey Swall—GRAINMerced Mendoza moves irrigation pipe in a field that will be used to grow alfalfa. The field is adjacent to and owned by Kern Oil and Refining Co. Mendoza is a leader for a men's group at Victory Outreach Church in Bakersfield that rents the land from the refinery to grow alfalfa that is then sold to a local dairy for feed. The money earned from the feed helps fund the men's program for the church. This symbiotic relationship between resource companies and the community are played out throughout the region.Lexey Swall—GRAINPercolation ponds fill up with runoff water from nearby Belridge Oil Fields in Eastern Kern County. As the water evaporates, leaving oil residue, hydrogen sulfide, methane and volatile organic compounds, or VOCs, are released in to the air.Lexey Swall—GRAINDust devils can be seen reaching toward the sky during dry months in Bakersfield. Dust is a pervasive problem that contributes to diminished air quality. The problem is exacerbated by the current drought in California.Lexey Swall—GRAINLucy Clark, 72, lives in the foothills north of Bakersfield. Her home sits at 2200 feet, which is about the elevation where the visible layer of smog begins to hang in the air. Because of this, Clark, who suffers from asthma, wears a mask every day she walks out to get the mail.Lexey Swall—GRAINElk Hills Power plant provides electricity to power Occidental Elk Hills oil field. Oxy's Elk Hills field is one of the largest oil fields in the United States and the natural gas power plant can produce 550 megawatts of electricity.Lexey Swall—GRAINSamantha Olivarez, 9, left, and her cousin, Daisy Olivarez, 7, play in front of their home in Arvin, Calif. The homes across the street were evacuated after a gas pipe leaked underground. According to reports, the 40-year-old pipe was leaking for as long as two years before it was detected. Olivarez's family is worried about possible health risks in the area due to the pollution.Lexey Swall—GRAIN
