US EPA’s mercury proposal could pave way for court challenge to Obama-era rule

Joseph Goffman, senior legal counsel in the EPA’s Office of Air and Radiation under Obama, said in a Jan. 3 interview that a direct line can be drawn between the EPA’s recent mercury proposal and the stayed challenge to the MATS supplemental finding. “The seed of this was [the Trump administration’s] conclusion in the spring of 2017 that they didn’t want to defend the previous administration’s position,” he said. “In fact, had they done so, it would have been deeply inconvenient to their overall campaign to weaken the application of co-benefits.”

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