New Hampshire Attorney General Kelly A. Ayotte announced that New Hampshire filed a lawsuit today challenging a new federal rule establishing a “cap and trade” system to regulate harmful mercury emissions from power plants. The lawsuit was filed jointly in a federal appeals court in the District of Columbia, by a coalition of states that also includes California, Connecticut, Maine, Massachusetts, New Mexico, New Jersey, New York, Pennsylvania, Vermont and Wisconsin.

This is New Hampshire’s second challenge to mercury rules for power plants issued by the U.S. Environmental Protection Agency (EPA). The first lawsuit was filed on March 29, 2005, challenging EPA’s “delisting” rule that reversed a December 2000 rule listing coal-fired power plants as mercury sources requiring strict plant-specific limitations. Although New Hampshire had urged EPA to set strict federal mercury limits for every power plant in the country, today’s rule allows individual plants to purchase emission credits from cleaner plants, rather than reducing their own emissions. This can lead to “hot spots” of mercury deposition downwind of plants that emit higher levels of mercury.

Attorney General Ayotte said: “EPA is required by federal law to set strict mercury limits for all coal-fired power plants, which are the nation’s largest source of uncontrolled mercury emissions. By adopting, instead, a trading scheme as the only federal program for reducing mercury from these plants, EPA has ignored the law and the health and environmental consequences for New Hampshire’s citizens.”

Mercury is a toxic pollutant emitted from power plants that burn coal. It enters the food chain and contaminates fish consumed by humans. Even low levels of Mercury exposure can damage the nervous system . Young children are particularly susceptible. Fish advisories are in place for all New Hampshire lakes and streams and at least 40% of New Hampshire lakes contain fish mercury levels in excess of EPA’s own standard.

For further information, please contact Senior Assistant Attorney General Maureen D. Smith at (603) 271-3679.