Court of Appeals Deals Second Blow to EPA on Clean Air Regs

For the second time, a court has thrown out EPA efforts to address pollution from power plants in 'clean-air' states that cause pollution downwind. This time, the Cross-State Air Pollution Rule was the victim.

2 minute read

August 25, 2012, 9:00 AM PDT

By Irvin Dawid


"Twice in eight years" is how the New York Times editorial addressed Tuesday's (August 21) Appeal Court rejection of the EPA's new rule to "reduce sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions in order to help States meet their National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter (PM2.5)", as defined by the 2005 Clean Air Interstate Rule.

The Cross-State Air Pollution Rule was designed to replace the CAIR. It "requires states to significantly improve air quality by reducing power plant emissions that contribute to ozone and/or fine particle pollution in other states."

"In a 2-to-1 ruling, a panel of the United States Court of Appeals for the District of Columbia said the E.P.A. had exceeded its authority in the way it apportioned the cleanup work among 28 upwind states. The court said the E.P.A.'s rule also violated the Clean Air Act because it did not let the states submit their own plans to comply and imposed a federal plan instead.

The Environmental Protection Agency was trying to address a problem that has vexed the air pollution control system for at least three decades: how to deal with states whose own air meets standards but whose power plants, refineries and other industrial plants emit sulfur dioxide and nitrogen oxide pollutants that - wind-aided - prevent neighboring states from attaining the level of cleanliness required under federal law.

"At the Sierra Club, Mary Anne Hitt, director of the group's Beyond Coal Campaign, said in a statement, "Americans have been waiting for the clean air they deserve for decades, and the court's ruling today further delays the Clean Air Act's promise of safe, breathable air for our children."

"She estimated the rule could have prevented 34,000 premature deaths a year."

EPA is left with two choices: Go back to the drawing board and hope they don't strike out in a third attempt to satisfy the court - that process will take about three or four years, or appeal the ruling.

Wednesday, August 22, 2012 in The New York Times - Environment

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 9, 2025 - Diana Ionescu

Map of Haussmann's redesign of Paris in the 1850s through 1870s under Napoleon III.

In Urban Planning, AI Prompting Could be the New Design Thinking

Creativity has long been key to great urban design. What if we see AI as our new creative partner?

June 30, 2025 - Tom Sanchez

Red and white "Wildfire Evacuation Route" sign on signpost.

Cal Fire Chatbot Fails to Answer Basic Questions

An AI chatbot designed to provide information about wildfires can’t answer questions about evacuation orders, among other problems.

July 10 - The Markup

Protester at Echo Park Lake, Los Angeles holding sign that says "Housing is a human right"

What Happens if Trump Kills Section 8?

The Trump admin aims to slash federal rental aid by nearly half and shift distribution to states. Experts warn this could spike homelessness and destabilize communities nationwide.

July 10 - Shelterforce Magazine

Aerial of rainbow painted crosswalks at large intersection in Castro District, Sna Francisco, California.

Sean Duffy Targets Rainbow Crosswalks in Road Safety Efforts

Despite evidence that colorful crosswalks actually improve intersection safety — and the lack of almost any crosswalks at all on the nation’s most dangerous arterial roads — U.S. Transportation Secretary Duffy is calling on states to remove them.

July 10 - Streetsblog USA

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.

Home and Land Services Coordinator

Appalachian Highlands Housing Partners

Associate/Senior Planner

Gallatin County Department of Planning & Community Development

Senior Planner

Heyer Gruel & Associates PA