Court Upholds Air Safeguard that Would Prevent Thousands of Deaths from Toxics and Mercury

In a ruling that will help thousands of Texans subject to hundreds of pounds of mercury and toxics released every year to the atmosphere to the air by dirty coal plants in Texas, the US Court of Appeals upheld the US EPA’s Mercury and Air Toxics Rule of 2012. Below is a press statement. 

 

NAACP joined other clean air advocates in defense of this important protection

APRIL 15, 2014

WASHINGTON, D.C.  — 

 

Today the U.S. Court of Appeals for the D.C. Circuit upheld the U.S. Environmental Protection Agency’s 2012 Mercury and Air Toxics Rule (MATS). Earthjustice represented the NAACP, the Sierra Club, Clean Air Council,and the Chesapeake Bay Foundation in the case.

MATS will annually prevent up to 11,000 premature deaths, nearly 5,000 heart attacks and 130,000 asthma attacks, and more than 540,000 missed days of work days. It will also protect babies and children from exposures to mercury than can damage their ability to develop and learn. The EPA has estimated that every year, more than 300,000 newborns face elevated risk of learning disabilities due to exposure to mercury in the womb.

Coal-fired power plants are the largest source of toxic air pollutants, and account for almost half of the nation’s mercury emissions. The Clean Air Act directed the EPA to set limits requiring the maximum achievable reductions in mercury, arsenic, lead, and the many other hazardous air pollutants that power plants emit no later than 2002. In 2012 after a decade of delay, the agency finalized the Mercury and Air Toxics rule. A group of industry and corporate polluters immediately filed a lawsuit challenging this rule.

The following are statements from groups who defended the Mercury and Air Toxics Rule:

Said Jacqueline Patterson, Director, Environmental and Climate Justice Program for NAACP:

“The NAACP applauds the D.C. Circuit Court for this important and historic decision. Civil rights are about equal access to protections afforded by law. Given the disproportionate impact of coal combustion pollution which negatively affects the health and educational outcomes as well as the economic wellbeing of communities of color, the Mercury and Air Toxics Rule is a critical tool for exacting justice. These standards provide essential safeguards for communities who have suffered from decades of toxic exposure.”

Said Chesapeake Bay Foundation Vice President for Litigation Jon Mueller:
“Mercury from power plants is a leading source of the pollution that has led to fish consumption advisories in rivers and streams around the country as well as here in the Chesapeake Bay region. Those contaminated fish put the health of many, including those who fish to feed their families, at risk,” said Jon Mueller, Chesapeake Bay Foundation Vice President for Litigation. “These new limits will reduce pollution and the associated human health risks, and is a legacy that we should leave to our children and future generations.”

Said Joseph Otis Minott, Executive Director, Clean Air Council:
“The court’s decision to affirm these long, overdue standards clearly demonstrates the importance of controlling toxic emissions while also rejecting the complaints of inconvenience raised by industry and corporate polluters. We applaud the court’s judgment and look forward to ensuring this critical rule is properly implemented.”

Said Mary Anne Hitt, Campaign Director for Sierra Club’s Beyond Coalcampaign:
“Coal- and oil-fired power plants are the largest source of mercury pollution that poisons our lakes and streams, as well as arsenic and other toxic metals and gases. By upholding the rule, the court has helped our country take a great step forward toward protecting our children from these dangerous pollutants.”

Said Earthjustice attorney Jim Pew:
“The emission limits upheld in court today have already won broad public support, and for good reason. Power plants’ toxic pollution takes a horrible toll on peoples’ lives and health, especially in low income communities and communities of color. By allowing this rule to take effect, today’s decision will help reduce that toll.”

 

CONTACT:
Maggie Caldwell, Earthjustice, (415) 217-2084
Michelle Nealy, NAACP, (202) 292-3384
John Surrick, Chesapeake Bay Foundation, (443) 482-2045
Ryan Knapick, Clean Air Council, (215) 567-4004, ext. 125
Anna Oman, Sierra Club, (202) 650-6061