Bush administration position on mercury pollution overruled.

February 11, 2008

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On Friday a federal appellate court overturned a Bush administration plan to change the way mercury emissions from power plants are regulated.  Basically, the issue was about whether these emissions would be regulated under a cap-and-trade or a hard cap system.  Previously, the Clinton administration had found that mercury emissions were a “hazardous air pollutant” under the Clean Air Act which lead to mandatory caps on their release into the environment.  However, coal burning utilities (a major source of mercury pollution) lobbied the Bush administration to instead impose a cap-and-trade system, which they felt would allow them to more economically reduce emissions.

While cap-and-trade systems are very effective in reducing the release of greenhouse gases, which impact the environment on a global scale, the problem with mercury is that it effects the environment on a local level.  A cap-and-trade system for mercury emissions would allow energy companies to continue to release high levels of mercury at certain locations, as long as that amount was offset by a decrease in emissions at a different plant.  However, this would allow for concentrated levels of mercury to be released at local levels, which would present a serious health and environmental issue.  With the court’s ruling, the EPA will now be prevented from pursuing this policy.

Photo by Daniel Shea   

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