Supreme Court Battle Royale

The front of the U.S. Supreme Court is seen early Friday, Feb. 19, 2016 in Washington.

(AP Photo/Alex Brandon)

A U.S. Supreme Court Justice denied Michigan Attorney General Bill Schuette's application for a stay regarding the Environmental Protection Agency's "mercury rule" for power plants.

Schuette submitted the application for a stay on Feb. 26, arguing that the EPA is required by federal law to consider costs in implementing the mercury rule, according to the Attorney General's Office, because of a June 2015 Supreme Court ruling on the issue.

"We are simply asking the court to enforce its ruling and require the EPA to follow the law like everyone else," Schuette said when he filed the application with Chief Justice John Roberts.

A March 3 entry on the docket reads: "Application (15A886) denied by The Chief Justice."

Dorthea Thomas, Michigan United Environmental & Climate Justice Organizer, criticized the application and said issuing a stay on the mercury rule would "put polluter profits ahead of Michigan residents."

"Michigan utilities are already planning to comply with the mercury rule so this begs the question, 'Who is Schuette working for?'" Thomas said. "It's time for Schuette to stop playing politics when the health of Michigan kids, seniors and families is on the line."

The Attorney General's Office is aware of the application denial, spokeswoman Andrea Bitely said Thursday, and did not comment further.

The EPA is "very pleased" about the development, EPA Deputy Press Secretary Laura Allen said Thursday.

Cost vs. benefit

Power plants are the largest source of mercury in the United States, the EPA said, and "Mercury is a neurotoxin that can damage children's developing nervous systems, reducing their ability to think and learn."

Four years ago, EPA issued Mercury and Air Toxics Standards, requiring power plants to reduce their emissions of mercury and other toxic air pollutants, the EPA said.

Schuette said the costs of implementing the EPA's new regulations is impacting "job creators and American families."

Schuette's submitted the filing on behalf of a 20-state coalition including Alabama, Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming, according to the document.

The application asked the U.S. Supreme Court to pause further action by President Barack Obama and the Environmental Protection Agency to implement the mercury rule until the agency considers costs of the changes.

The emission cuts in the mercury rule translate to health benefits for the public, Allen said, "protecting Americans from a host of avoidable illnesses and premature death."

Michigan League of Conservation Voters, the "political voice for protecting Michigan's land, air, and water" applauded the decision that Deputy Director Jack Schmitt said "protects Michigan families."

"The mercury rule is an important public health safeguard to reduce dangerous pollution," Schmitt said in a prepared statement.

-- Brad Devereaux is a reporter for MLive.com. Follow him on Facebook and Twitter.