Appeals court orders rewrite of EPA Cross State Air Pollution Rule

Washington Times:

President Obama’s environmental agenda suffered another loss in court Tuesday when a federal appeals panel ordered the administration to rewrite rules limiting cross-state pollution.

In its ruling, the U.S. Court of Appeals for the District of Columbia affirmed the Environmental Protection Agency’s Cross-State Air Pollution Rule, meant to stop upwind states from producing pollution that drifts into neighboring states and pushes them out of compliance with federal standards. But while the court upheld the plan itself, the judges said theEPA’s limits on 13 states, mostly in the South and Midwest, were far too strict and must be redone.

The ruling comes a month after the Supreme Court struck down theEPA’s mercury and air toxics standards, meant to limit pollution from power plants. The court found that the agency failed to consider the massive costs associated with complying with the rule.

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Opponents of the administration also have vowed to file new legal challenges to the EPA’s Clean Power Plan, which would establish unprecedented limits on carbon emissions from existing power plants, after the final version of the proposal is released next month.

In the cross-state case, the judges said the EPA’s mandate went beyond what was necessary to ensure states didn’t flood their neighbors with pollution, essentially finding that the administration had overstepped its bounds.
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“In Texas we create air quality improvements through science and facts. The EPA’s agenda-driven mandates would have increased energy costs for hard-working Texans and decreased reliability. I’m pleased the courthas sent the EPA marching back to the drawing board,” Texas Attorney General Ken Paxton said in a statement. “We will continue to fight theEPA’s overreach while ensuring Texas can keep our air clean without wreaking havoc on family budgets.”
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This is a big win for Texas.  The EPA rule that was challenged was punitive in its nature and hit Texas much harder than other states.  It was as if the Obama administration was making war on the successful Texas economy.