PA Supreme Court Invalidates PA Rule Setting Mercury Emission Limits

The Pennsylvania Supreme Court this week upheld a Commonwealth Court ruling invalidating DEP's regulation setting mercury emission limits on power plants as "unlawful, invalid and unenforceable."

The regulation, adopted in February 2007, was challenged by PPL Corp. concerned about wasting wasting millions of dollars on pollution control equipment to meet a state standard that may be erased or pre-empted once the U.S. Environmental Protection Agency adopts a regulation to control mercury emissions.

The court decision leaves Pennsylvania without an enforceable mercury reduction plan. (1/30/09 PA Environment Digest)