Paul Gutermann Quoted on Supreme Court MATS Ruling

Morning Consult, for its article “In Losing Battle On Mercury, EPA Gains In War On Climate Change,” quoted Akin Gump environment and natural resources partner Paul Gutermann on a recent Supreme Court decision to remand the Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standard (MATS).

According to the article, the decision may also impact the agency’s proposed Clean Power Plan (CPP) rule to reduce carbon emissions from new and existing power sources. MATS and CPP are implemented through two separate sections of the Clean Air Act. By taking MATS off the table, the Court’s ruling could undermine CPP opponents’ argument that the government cannot regulate power plants under two different sections.

Gutermann noted that, with MATS remanded, not vacated, “the issue is murkier.” He added that, “Until either MATS (or its replacement) or the Clean Power Plan is effective (i.e., a final rule is promulgated and its provisions go into effect), I think the ‘we’re being regulated under two sections’ argument is not especially strong.”