Health experts assert that the new EPA rule, which institutes a
"cap-and-trade" system for mercury emissions, will cause
dangerous hot spots of mercury pollution in regions where a
power plant can buy pollution "credits" rather than reduce its
emissions.

Democrats joining in the 51-47 vote against repealing rule
included Senators Max Baucus (MT); Robert Byrd (WV); Kent Conrad
(ND); Byron Dorgan (ND): Ben Nelson (NE); Mark Pryor (AR).

Senator Jim Jeffords (I-VT) called the new rule illegal. "After
careful review, I have concluded that... this was an intentional
and illegal attempt to circumvent the law and that it was
designed to benefit big energy companies at the expense of the
public health," said Jeffords. [1]

The Bush Administration rule was supported by large U.S. coal
users, including American Electric Power Co. and the Southern
Company. [2]

Power plants are the largest man-made source of mercury
emissions in the U.S. In sum, power plants are responsible for
41% of annual mercury emissions. [3]

The federal government, along with 44 states, has already issued
warnings about consuming fish contaminated with mercury. Women
of childbearing age, infants and young children are most at risk
from exposure to the neurotoxin. Elevated levels of mercury can
harm brain and nervous system development in children and
developing fetuses. [4]

The resolution to rescind the mercury rule was co-sponsored by
Democratic Senator Patrick Leahy (VT) and Maine Republican
Senator Susan Collins.

The Senate vote may not mark the end of the issue. Several
lawsuits challenging various aspects of the Administration's
mercury policy are pending in the federal courts.

###

SOURCES:
[1] "Jeffords: Mercury Rule Illegal," WCAX-TV, Sept. 13, 2005.
[2] "U.S. Senate Upholds EPA's Power-Plant Mercury Rule,"
Bloomberg, Sept. 13, 2005.
[3] US PIRG website.
[4] EPA website.