Things just got REALLY interesting for EPA.
As if things weren't bad enough with the increasing GOP scrutiny regarding new EPA rules (for ai emissions from power plants, clarifying the waters of the US, etc.), earlier this week it was announced that the Supreme Court will review an April 2014 decision made by the DC District Court. In this decision, the appellate court rejected the industry challenge to the 2011 rule establishing first-ever emissions standards for oil- and coal-powered plants for mercury, arsenic and acid gases (Mercury and Air Toxics Standards). Not surprisingly, the rule was challenged based on the assertion that all the costs were no considered during the EPA analysis of the rule. (This has been alleged many times in recent years, including the proposed revision to the worker protection standard for agricultural workers.)
This continues the troubles and critique of the current administration's approach to climate change, where most recently a group of state Attorney Generals commented against the most recent revisions ("Clean Power Act" revisions to carbon pollution standards). To make it a perfect trifecta, EPA most recently announced a proposal to lower the ozone standard as well.
It seems rather unlikely that the Obama climate gambit will go unchecked or unmodified by the conservative Supreme Court rule review and the yet more conservative 114th Congress; however, it has been argued that the current administration is a "winning streak" with SCOTUS. This will be a case to watch in 2015!