North Dakota lawmakers vow to go to court over clean air ruling by EPA in lignite-power plants

(Bismarck, ND) -- North Dakota lawmakers are preparing for legal action after The Environmental Protection Agency moved to put limits on mercury emissions.

The limit is considered a "death penalty for coal" according to the North Dakota Department of Environmental Quality's lead, Dave Glatt, in an interview with the North Dakota monitor. North Dakota Attorney General Drew Wrigley said the state "has to go to war" over the the proposed federal regulation, which would give states three years to comply. 

A fact sheet published by the EPA says the decision was made as part of the Clean Air Act, which allows the agency to update their standards whenever "revisions are necessary." Additionally, the agency says Mercury and Air Toxics Standards (MATS) rulings have dropped non-mercury metal pollutants in the past. The rulings moving forward would aim to limit mercury in lignite-fired power plants by an estimated 70% to align with other coal-powered plants that are operating under MATS regulations. They also estimated costs would increase by less than 0.1% across several years, including 2028, 2030, and 2035.

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