U.S. Supreme Court upholds EPA’s Cross-State Air Pollution Rule; defeat for electric utilities like AEP, Southern Co. – Atlanta Business Chronicle

The U.S. Supreme Court sided with the Environmental Protection Agency in a case involving the agency’s limits on power plant emissions that travel across state lines.

On a 6-2 ruling, the court upheld the agency’s Cross-State Air Pollution Rule, a regulation that had been struck down by a lower court. The regulation curbs nitrogen oxide and sulfur dioxide emissions in 27 states whose emissions contribute to pollution in downwind states.

A lower court ruled the EPA’s method for determining how much these upwind states should reduce emissions wasn’t fair to some states. This court also ruled states should be given a second chance to submit plans for reducing emissions after EPA disapproval of their original plans.

The Supreme Court disagreed, ruling EPA’s focus on what emissions could be cost-effectively reduced was reasonable and that the Clean Air Act doesn’t require the agency to give states a second shot at coming up with their own emissions reductions plans.

via U.S. Supreme Court upholds EPA’s Cross-State Air Pollution Rule; defeat for electric utilities like AEP, Southern Co. – Atlanta Business Chronicle.