Nutrien successfully corrects federal standard for mercury air emissions from North Carolina facility

Client(s) Nutrien Ltd.

Jones Day represented Nutrien Ltd. in successfully correcting a federal standard for mercury air emissions from a facility in North Carolina. The original standard was overly stringent because it was based on unrepresentative emissions data for Nutrien's facility. Jones Day petitioned U.S. EPA on behalf of Nutrien to correct the standard, arguing that it was inconsistent with the Clean Air Act, unnecessary to protect human health or the environment, and a threat to employment in the surrounding low-income area with a high minority population. In addition, Jones Day negotiated a state consent order to allow for continued operation of Nutrien's facility during EPA's consideration of Nutrien's petition. In November 2020, EPA issued a final rule correcting the standard, thereby avoiding more than $20 million in unnecessary capital costs and allowing Nutrien to terminate the state consent order by demonstrating compliance with the correct emission standard.