Today, the D.C. Circuit Court of Appeals ruled in favor of the State of
Olens applauded the decision by the D.C. Circuit. “The Cross-State Air Pollution Rule is another overt power grab by the Obama Administration from the States. I am pleased that the D.C. Circuit agrees that the EPA exceeded its authority when it mandated job-killing requirements on the States by executive fiat. After Congress didn’t pass President Obama's cap and trade policy, his Administration attempted to implement onerous regulations contrary to existing law. The Court is right that the Clean Air Act is not a ‘blank check’ for the executive branch to force states into a one size fits all solution. I look forward to working with the EPA to ensure that our air is protected in a manner that respects the rule of law and the principles of federalism.”
CSPAR, finalized by the EPA in the summer of 2011, requires that certain states limit their power plant emissions more than is required by law under the Clean Air Act, and denies states the flexibility to implement federal standards themselves. As the Court said, “EPA’s approach punishes the States for failing to meet a standard that EPA had not yet announced and the States did not yet know.” The scientifically-flawed rule would require far more emissions reductions from
A copy of the order is attached.