The Latest on the Commonwealth Court Mercury Rule Decision

The court battle over Pennsylvania’s regulations to limit mercury air emissions from coal-fired Electric Generation Units (EGUs) feels very much like watching a tennis match waiting to see where the next volley lands. On January 30, 2009, Commonwealth Court Judge Dan Pellegrini ruled that Pennsylvania’s Mercury Rule was unlawful, invalid, and unenforceable.  Following that ruling, the Pennsylvania Department of Environmental Protection (PADEP) filed an appeal of that decision with the Pennsylvania State Supreme Court.  That filing created an automatic stay of the Commonwealth Court ruling which kept the PA Mercury Rule in effect.  Next, the PPL Corporation (PPL), who began the original appeal with the Commonwealth Court, filed a request with the Commonwealth Court to lift the automatic stay on its ruling.  The Commonwealth Court granted PPL’s request and lifted the automatic stay.  So for now, the PA Mercury Rule is not in effect.  PADEP will need to file a request with the State Supreme Court to place a stay on the Commonwealth Court’s vacature of the PA Mercury Rule if it wants to continue with implementation of its mercury reduction regulations.  Stay tuned for the latest on the next volley.