Press Release

Attorney General Ellison challenges proposal to undermine mercury and air-toxics standards

Joins coalition to oppose EPA’s ‘unlawful’ proposed finding that it is no longer ‘appropriate’ to regulate toxic air pollution from power plants — ‘Once again, the Administration is abandoning its duty to protect the American people,’ Ellison says

April 19, 2019 (SAINT PAUL) — Minnesota Attorney General Keith Ellison has joined a coalition of 26 states, cities, and counties in calling on the U.S. Environmental Protection Agency (EPA) to withdraw its proposal to reverse the agency’s determination — first made nearly 20 years ago — that it is “appropriate and necessary” under the federal Clean Air Act to regulate mercury and other toxic air pollution from coal plants. If finalized, the proposal would seriously undermine the 2012 Mercury and Air Toxics Standards (MATS), a landmark rule to reduce air pollutants that pose significant health risks, especially to children and pregnant women. 

In comments filed with EPA, Attorney General Ellison and the coalition argue that the agency’s proposal is unlawful, lacks a reasoned basis, and is a serious threat to public health. The coalition contends that EPA has affirmed that regulation is appropriate and necessary no less than three times, and that EPA does not have authority here to reverse that finding. It argues also that the proposal contradicts “the text, structure, and purposes of the Clear Air Act,” as well as a 2015 Supreme Court decision. The agency’s proposal seeks to undermine MATS even though power plants have been complying with its finalized standards since 2015. 

“Once again, the Administration is abandoning its duty to protect the American people — so once again, I’m using the tools and power of my office to protect Minnesotans,” Attorney General Ellison said. “This attack on our children and our environment comes on the heels of their attempts to weaken standards on healthy school lunches for our kids, reporting workplace injuries, and abusive payday lenders. It seems there are few limits on the harm the Administration is willing to do to the American people in order to protect wealthy, connected special interests.”

Background to the MATS Rule

The MATS Rule represents the culmination of more than two decades of study and rulemaking by the EPA. In 2000, EPA determined that it was “appropriate and necessary” to regulate hazardous pollutants emitted from fossil-fuel-fired plants, including mercury, acid gases, and other toxic metals, which are harmful to human and wildlife health. The agency found that fossil-fuel-fired power plants are the country’s largest source of hazardous air pollution, and that other existing provisions of the Clean Air Act would not adequately address those dangerous emissions. EPA reaffirmed that finding in 2012, relying on a growing body of scientific evidence. In 2016, following the U.S. Supreme Court’s 2015 decision in Michigan v. EPA, EPA issued a supplemental finding reaffirming again that it is “appropriate” to regulate power plant emissions when the costs of regulation are considered.

Overwhelming scientific evidence demonstrates that the MATS Rule creates positive value for human health and the environment compared to the costs of compliance.

The coalition argues that industry is in full compliance with the MATS Rule, which is providing enormous health, environmental, and economic benefits to the residents of their states and local governments at a fraction of the predicted cost. “Research confirms the MATS Rule saves tens of thousands of people from premature death each year,” according to the comments. A 2016 study projected that the total economy-wide benefits associated with mercury reductions under the MATS Rule through 2050 would amount to at least $43 billion. 

EPA now proposes to change course despite these benefits and over the strenuous objection of the electric-power sector, which has made significant investments to comply with the Rule. The coalition’s comments argue that EPA has ignored the actual costs and benefits of reducing power-plant air pollution and is relying on stale, inaccurate information to build a case against MATS.  

Proven dangers of mercury

Mercury poses serious danger to public health, and has especially adverse effects on developing fetuses, children, and wildlife. Airborne mercury from power plants falls back to earth, where it is converted into methylmercury, a potent neurotoxin that accumulates in the food chain, particularly in fish. A child exposed to methylmercury consumed by her mother during pregnancy can suffer lifelong adverse developmental effects including impaired attention, fine motor function, visual-spatial abilities, and verbal memory. Mercury exposure is also linked to an increased risk of diabetes, autoimmune dysfunction, and cardiovascular issues in adults.

Power-plant mercury emissions are a major contributor to mercury contamination of U.S. waterways, which, as of 2011, necessitated fish-consumption advisories in all 50 states. Mercury pollution in lakes and rivers hurts local fishing economies and deprives people across the country of the ability to enjoy recreational fishing and commercially harvested seafood. 

Joining Attorney General Ellison in the comments are Massachusetts Attorney General Maura Healey, who led the coalition, and the attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Iowa, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington, as well as the City Solicitor of Baltimore, the Corporation Counsels of Chicago and New York City, the County Attorney of Erie County, New York, and the County Counsel for Santa Clara County, California. The comments are available on the website of Massachusetts Attorney General Maura Healey.