ABSTRACT
In May 2005, the U.S. Environmental Protection Agency (EPA) adopted the Clean Air Mercury Rule (CAMR). The rule established a national cap-and-trade program for mercury from coal-burning electricity generating facilities (EPA 2005g). Mercury is a neurotoxin, fetal exposure to which has been shown to cause IQ loss and other developmental afflictions at relatively low levels. The program was to begin in 2010 and be implemented in two phases. From 2010 to 2017, the annual total allocation of emissions allowances was to be 38 tons. Thereafter, the annual allocation was to fall to 15 tons. For reasons described below, in New Jersey v. EPA (2008) the United States Court of Appeals for the DC Circuit vacated the CAMR in its entirety.
