Status Quo Continues for MATS

Earlier today Chief Justice Roberts denied the application of parties seeking a stay of the Mercury and Air Toxics Standard.  Acting alone, the Chief Justice issued his decision less than 24 hours after the EPA, other states, and utilities each filed responses asking the Chief Justice to reject the application.  The Supreme Court rules allow the applicants to renew their request with another Justice (or multiple other Justices if such a renewal is denied); however, because the CPP stay was supported by both the Chief Justice and the late-Justice Scalia, it is unlikely that a renewal, if sought, would be granted.

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