Friday, March 14, 2025, 5:23AM |  54°
MENU
SECTIONS
OTHER
CLASSIFIEDS
CONTACT US / FAQ
Advertisement
Exhaust rises from smokestacks in front of piles of coal in Thompsons, Texas. A federal appeals court today ordered the Environmental Protection Agency to relax some limits it set on smokestack emissions that cross state lines and taint downwind areas with air pollution from power plants they can't control.
1
MORE

Court orders EPA to relax air-pollution limits in 13 states

David J. Phillip/Associated Press

Court orders EPA to relax air-pollution limits in 13 states

WASHINGTON — A federal appeals court today ordered the Environmental Protection Agency to relax some limits it set on smokestack emissions that cross state lines and taint downwind areas with air pollution from power plants.

At the same time, the court upheld the EPA’s right to impose the clean-air standards, rejecting an argument by states and industry groups that the rule was overly burdensome.

The ruling by the U.S. Court of Appeals for the District of Columbia Circuit orders the EPA to redo sulfur-dioxide and nitrogen-oxide standards for 13 states, mostly in the South and Midwest, that contribute to soot and smog along the East Coast.

Advertisement

Texas and South Carolina would see limits for both forms of pollution adjusted, while new limits for either sulfur dioxide or nitrogen oxide would be set in 11 other states: Alabama, Georgia, Florida, Maryland, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Virginia and West Virginia.

The ruling follows a Supreme Court decision last year upholding the so-called Cross-State Air Pollution Rule, which blocks states from adding to air pollution in other states.

The April 2014 ruling was an important victory for the Obama administration and capped a decades-long effort by the EPA to ensure that states are good neighbors and don’t contribute to pollution problems elsewhere.

Industry groups and many of the affected states have cast the rule as an attempt to step on states’ rights and shut down aging coal-fired power plants as part of what many Republicans call a “war on coal” by the Obama administration.

Advertisement

An EPA spokeswoman said the agency was pleased that the court decision keeps the Cross-State Air Pollution Rule in place “so that it continues to achieve important public health protections.”

The EPA remains committed to working with states and power companies as it moves to implement the rule, spokeswoman Melissa Harrison said. “We are reviewing the decision and will determine any appropriate further course of action once our review is complete,” she said.

The Supreme Court said the EPA, under the Clean Air Act, can implement federal plans in states that do not adequately control downwind pollution. But the court also ruled that the EPA can consider the cost of pollution controls and does not have to require states to reduce pollution by the precise amount they send to downwind states.

The appeals court, in its ruling, said the EPA’s rule imposed overly strict limits on the 13 upwind states. As a practical matter, the limits would result in downwind states “overachieving” air quality standards for sulfur dioxide and nitrogen oxide, the court said.

Frank O’Donnell, president of Clean Air Watch, an environmental advocacy group, scoffed at the idea that the EPA rule was overly strict.

“The reality is we need more pollution control of power plants, not less,” he said, noting that the pollution standards used by the EPA were developed in the 1990s.

“The targets involved in this case are so outmoded that they are almost irrelevant,” O’Donnell said.

“We know in reality that these power plants are going to have to clean up even more to meet modern standards,” O’Donnell added, referring to new EPA rules on soot and smog expected in the next few months.

The EPA says the Cross-State Pollution Rule would cost power-plant operators about $800 million a year. Those investments would be far outweighed by the hundreds of billions of dollars in health-care savings from cleaner air, the agency said. The rule could prevent more than 30,000 premature deaths and hundreds of thousands of illnesses each year, the EPA said.

First Published: July 28, 2015, 6:32 p.m.

RELATED
Comments Disabled For This Story
Partners
Advertisement
Pittsburgh Steelers head coach Mike Tomlin, left, reacts during the first half of an NFL football game against the Los Angeles Chargers, Sunday, Sept. 22, 2024, in Pittsburgh.
1
sports
Joe Starkey: Stories of freshly departed Steelers don’t reflect well on Mike Tomlin, Omar Khan
Pittsburgh Steelers head coach Mike Tomlin greets New York Jets quarterback Aaron Rodgers (8) after an NFL football game, Sunday, Oct. 20, 2024, in Pittsburgh.
2
sports
Gerry Dulac: Steelers have made offer to Aaron Rodgers, but holdup has nothing to do with money
In this file photo, former Pittsburgh Steelers running back Le'Veon Bell watches from the sideline as he waits for the end of the AFC championship, Sunday, Jan. 22, 2017, in Foxborough, Mass. Bell was ordered to pay $25 million in damages to a relative who claimed in a civil lawsuit that Bell sexually abused her when she was a child.
3
news
Former Steelers RB Le'Veon Bell ordered to pay $25 million in sexual abuse case
Mason Rudolph of the Pittsburgh Steelers warms up before the game against the Buffalo Bills at Highmark Stadium on January 15, 2024 in Orchard Park, New York.
4
sports
Mason Rudolph coming back to Steelers as they await Aaron Rodgers decision
After years of declining population, Allegheny County has experienced a rare turnaround due to a surge in immigration that began in the wake of the COVID-19 pandemic..
5
local
After years of decline, wave of new immigrants boosts Allegheny County's population
Exhaust rises from smokestacks in front of piles of coal in Thompsons, Texas. A federal appeals court today ordered the Environmental Protection Agency to relax some limits it set on smokestack emissions that cross state lines and taint downwind areas with air pollution from power plants they can't control.  (David J. Phillip/Associated Press)
David J. Phillip/Associated Press
Advertisement
LATEST news
Advertisement
TOP
Email a Story