A collection of states - mostly Democratic states that believe in science - filed suit against the Bush EPA who changed laws to allow power plants to emit dangerous mercury into the air. The courts ruled against the Bush administration who never met an energy company pollution plan that it didn't love.
The three-judge panel agreed with the states that the EPA did not have the authority to exempt the power plants. The court unanimously ruled that EPA's arguments were "not persuasive."
Mercury is a powerful neurotoxin that accumulates in fish and poses the greatest risk of nerve and brain damage to pregnant women, women of childbearing age and young children. Emissions of mercury total about 48 tons a year, most of it in the form of air pollution that winds up in waterways.







