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

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

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.

April 30, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Close-up of white panel at top of school bus with "100% electric" black text.

Driving Equity and Clean Air: California Invests in Greener School Transportation

California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.

April 30 - California Air Resources Board

Aerial view of Freeway Park cap park over I-5 interstate freeway in Seattle, Washington at night.

Congress Moves to End Reconnecting Communities and Related Grants

The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.

April 30 - Streetsblog USA

"No Thru Traffic - Open Streets Restaurants" sign in New York City during Covid-19 pandemic.

From Throughway to Public Space: Taking Back the American Street

How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.

April 30 - Next City