Connecticut Attorney General's Office

Press Release

Attorney General Praises EPA Decision To Drop Legal Fight In Power Plant Mercury Emissions Case

February 6, 2009

Attorney General Richard Blumenthal today praised the new Environmental Protection Agency (EPA) administrator for ending the agency's legal battle against a court ruling killing a dangerous cap-and-trade mercury emissions program for power plants.

Blumenthal and other state attorneys general sued the EPA in 2006 for instituting a cap-and-trade system for power plant mercury emissions instead of imposing strict emission limits as federal law required. Blumenthal and other states argued that cap-and-trade was inappropriate for a dangerous neurotoxin like mercury -- which causes birth defects, learning disabilities and neurological problems -- because it would lead to dangerous "hot spots."

A federal appeals court last year argeed with the states and ordered the EPA to drop the cap-and-trade system. The Bush EPA appealed to the U.S. Supreme Court, which had yet to decide whether to accept the case.

EPA Administrator Lisa Jackson, newly appointed by President Obama, indicated today that her agency will withdraw its appeal to the high court and will drop its fight against the ruling.

"This decision is a huge victory for public health and the environment, ending a program that would have poisoned people and the environment," Blumenthal said. "I am pleased and proud that my office in cooperation with other states was able to defeat this dangerously wrong-headed plan.

"Cap-and-trade would create dangerous 'hot spots' -- areas with high mercury concentrations toxic to humans and the environment. The result would be more birth defects and learning disabilities, as well as potentially deadly neurological illnesses and a despoiled environment. The cap-and-trade program cynically sought to protect corporate profits at the expense of human health and the environment, and the public can heave a huge sigh of relief at its well-deserved demise."