The Supreme Court of the United
States announced earlier this week that it will hear the
appeal by Kentucky and 22 other states of the
Environmental Protection Agency’s (EPA) Mercury and Air Toxins Standard (MATS),
which has caused the announced retirement of more than 2,000 megawatts (MW) of
coal-fired electric generation in Kentucky
alone. In a consolidated appeal, the Supreme Court will consider the following
question:
"Whether the Environmental Protection Agency unreasonably
refused to consider costs in determining whether it is appropriate to regulate
hazardous air pollutants emitted by electric utilities."
Attorney General Jack Conway joined with Michigan Attorney
General Bill Schuette and 21 other states and additional parties to seek the
Supreme Court’s certiorari, or review of the judgment of the Court of Appeals
for the D.C. Circuit upholding MATS, which was entered on April 15, 2014.
The state Attorneys General will file their brief on Jan. 9,
2015, with oral arguments to be scheduled later next year.