Obama Drops Challenge to Mercury Emissions Rules

In a sharp departure from Bush Administration policy, the Obama Justice Department today informed the Supreme Court that it is dismissing a challenge on rules dealing with allowable mercury emissions from power plants. The end result is that EPA "has decided consistent with the court of appeals' ruling to develop appropriate standards to regulate power plant emissions," the filing said.

EPA had set up new rules under which it would drop some power plants as the sources of mercury emissions, loosening more rigorous controls set during the Clinton administration. The appeals court had essentially struck down that new regime, and the Bush administration had appealed. The decision to withdraw the case leaves the older, more stringent rules in place.