On February 8, 2008, the U.S. Court of Appeals for the District of Columbia Circuit urging granted a petition by New Jersey and other states challenging the Environmental Protection Agency’s (EPA) decision not to regulate mercury emissions from power plants under Section 112 of the Clean Air Act (CAA). The Court ruled that EPA’s so-called Delisting Rule and cap-and-trade program violated the statute even though, as WLF argued, mercury emissions from utilities do not pose a hazard to public health, and that in any event, any risks to health are adequately addressed by other CAA programs.