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The EPA’s MATS Repeal May Signal a Broader Shift on Ancillary Benefits

By Bernadette M. Rappold on June 24, 2026
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EPA

The U.S. Environmental Protection Agency (EPA)’s repeal of the 2024 Mercury and Air Toxics Standards (MATS) amendments may be more than a one-off rollback. The action may instead signal a broader shift in how the EPA evaluates the benefits of environmental rules — particularly whether the agency will count or monetize “ancillary” benefits, such as reductions in pollutants other than the target pollutant.

If the MATS Repeal is a guide, the EPA appears poised to give less weight to benefits it views as outside the statutory target of the rule.

The MATS Repeal marks only the most recent installment in the agency’s policy evolution on which costs are to be considered in rulemaking. The process began in 2015, when the Supreme Court, in Michigan v. EPA, held that the EPA erred in promulgating an earlier version of the MATS rule without considering cost in its calculation that the rule was “appropriate and necessary” under the Clean Air Act (CAA) Section 112(n)(1)(A). But the Michigan Court left open how costs and benefits should be weighed and said nothing about whether ancillary benefits must be counted.

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Photo of Bernadette M. Rappold Bernadette M. Rappold

Bernadette M. Rappold focuses her practice on federal and state regulatory issues related to energy, manufacturing, and the environment. Bernadette has substantial litigation experience and advises clients on regulatory compliance as well as the environmental, safety, and health aspects of numerous business and…

Bernadette M. Rappold focuses her practice on federal and state regulatory issues related to energy, manufacturing, and the environment. Bernadette has substantial litigation experience and advises clients on regulatory compliance as well as the environmental, safety, and health aspects of numerous business and real estate transactions, including water, air, and chemical hazards. Bernadette offers clients perspective gained through years of service at the Environmental Protection Agency. While serving as a director of the Special Litigation and Projects Division in the Office of Civil Enforcement at the EPA’s Office of Enforcement and Compliance Assurance, Bernadette led complex enforcement actions in response to violations of the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, and other environmental statutes. Her work at the EPA covered a variety of economic and industrial sectors including the oil and gas, chemical, pharmaceutical, telecommunications, and agriculture industries.

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  • Posted in:
    Environmental and Climate
  • Blog:
    E2 Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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