The Bush administration is appealing a court ruling that the Environmental Protection Agency violated the federal Clean Air Act on mercury emissions.
Filing for the EPA, the Justice Department asks that the full Court of Appeals for the District of Columbia Circuit reconsider the ruling.
In February, a three-judge appeals court panel struck down an EPA rule that allowed for a pollution trading system to reduce mercury emissions from power plants. New Jersey and other states instead wanted all plants to be required to install the best available pollution controls.
The Justice Department now says the judicial panel misinterpreted the federal clean air law, leading to "inappropriate and unnecessary emissions standards for power plants."
The Bush administration also said the finding would needlessly delay mercury emission reductions.