Illinois Mercury Rulemaking

• Client: Group of large coal-fired electric generation plants
• Date: August 2006
• Location: Statewide in Illinois

Summary:

Schiff Hardin represented several coal-fired electric generation companies contesting the Illinois Environmental Protection Agency's proposed rule to regulate emissions of mercury in Illinois.

While The U.S. EPA adopted an emissions trading approach to controlling mercury emissions from coal-fired power plants (later vacated in New Jersey v. EPA, 517 F.3d 574 (D.C. Cir. 2008)), Illinois EPA proposed a command-and-control approach, requiring a reduction of 90 percent from inlet mercury or an emission rate of 0.0080 lb/GWh gross electrical output. Illinois EPA had proposed the rule as a "fast-track" rulemaking pursuant to Section 28.5 of the Environmental Protection Act.

Schiff Hardin attorneys successfully obtained an injunction that enjoined Illinois EPA and the Illinois Pollution Control Board from proceeding with a "fast-track" rulemaking. Thereafter, the rulemaking proceeded as a "regular" rulemaking pursuant to Section 28 of the Act.