“Your position is you don’t need to consider costs,” a skeptical Justice
The justices sounded closely split on whether to uphold or reject the EPA's "mercury and air toxics" rule. It was adopted in 2012 and was due to take full effect this year.
Lawyers for the power industry and the state of Michigan urged the high court to block the rule because the EPA didn't conduct a cost-benefit analysis.
But the court's liberal justices defended the EPA, noting that neither the law itself nor past decisions told regulators they should weigh the costs against the harm to the public's health.
U.S. Solicitor Gen. Donald Verrilli said the EPA was told by Congress to protect the public against toxic pollutants like mercury and arsenic. The law "doesn't mention costs," he said.
But even liberal Justice