A three-judge panel of the D.C. Circuit Court, voting 2-1 on partisan lines, has struck down the EPA’s “good neighbor” air pollution rule, which attempted to protect Eastern states from upwind pollution from Midwest and Southern states via tougher pollution laws.
A federal appeals court Tuesday struck down a key Obama administration air pollution rule meant to protect Eastern residents from polluters in neighboring states, saying that the Environmental Protection Agency must grant states more time to implement protections.
The ruling by two George W. Bush appointees covers the “good neighbor rule” issued by the EPA in mid-2011 to regulate emissions of pollutants, including sulfur dioxide and nitrous oxides, the main ingredients in soot and smog.
The rule is one of several federal efforts to arbitrate a long-standing regional dispute between coal-powered, lightly regulated states mainly in the South and Midwest, and Mid-Atlantic and New England states where the toxic emissions wind up on account of prevailing winds [...]
In a 2-1 decision, the District of Columbia Circuit Court of Appeals ruled that the EPA had overstepped its authority by issuing federal pollution standards before states had a chance to develop their own and by calling for emissions reductions greater than the court’s majority considered necessary. Led by Judge Brett Kavanaugh, the court vacated the rule and ordered the EPA to develop a new one, leaving in its place a Bush-era regulation.
This is a clear example of the power of federal judicial appointments. Two George W. Bush appointees at the DC Circuit Court just rolled back pollution regulations to the George W. Bush parameters. As a result, according to the EPA’s statistics, 30,000 Americans will die prematurely, hundreds of thousands will fall ill, and 240 million will be exposed to increased emissions of pollutants.
Court appointments matter a great deal. And a combination of unprecedented Senate obstructionism and needless delays from the White House in naming appointees has a deleterious effect.
The ruling could have implications on other EPA regulations, especially as it values state anti-pollution laws above the federal government. Environmentalists want the EPA to appeal, possibly to a full panel of the Circuit Court, but of course then it eventually gets kicked up to the Supreme Court. The last SCOTUS rulings on greenhouse gas emissions have been favorable, but the good neighbor rule covers other forms of pollution, and really attempts to resolve a dispute between the states, so you could easily see a different outcome.
In other EPA news, the agency will seek public input on a waiver to the ethanol mandate, which has become controversial during this time of record drought and a corn shortage. Governors in four livestock-heavy states have asked the EPA to suspend the ethanol rule, which they say artificially spikes the price of corn, used by livestock producers for feed. 13.2 billion gallons of ethanol must be made from corn this year under the renewable fuels standard. The EPA has until November 13 to make a decision.




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Expecting the polluting states in the Midwest and South to sort this out is waiting for Godot. The East has been hounding them to act for more than 20 years, and finally just sued them and the EPA. The EPA rule was designed to end the interstate war. Instead, the court is pretending that we’ll all just get along, even though jobs in the Midwest and South depend on exporting pollution to the East. Nah gonna happen.
No doubt that judicial appointments matter. BUT what evidence is there that an Obama appointment is necessarily a better appointment? Additionally, Senate republicans along with their blue dog buddies will never allow an actual liberal appointment to succeed.
“We Suck Less” wins again though how much less is debatable.
“The evil that men do lives on forever. The good is oft interred with their bones.”
I friggin can’t believe I remembered that.
Coach, I’m having a particularly lucid moment.
Ooooooops. There it goes. I’ve lost it now.
Hey, newcarguy.
http://baires.elsur.org/archives/30-days-with-borges-day-4-shakespeares-memory-everything-and-nothing/
Thanks for the link, wordplay. especially like/agree with this Borges quote:
History adds that before or after he died, he discovered himself standing before God, and said to Him: I, who have been so many men in vain, wish to be one, to be myself: God’s voice answered him out of a whirlwind: I, too, am not I; I dreamed the world as you, Shakespeare, dreamed your own work, and among the forms of my dream are you, who like me are many, yet no one.
Protect the slave-owners. Once again the right to own people as property trumped law designed to protect humans from, exploited for labor. Now states can screw other states as slave-owners exploited slave. Common denominator…….. Energy!!!
Protect them slave-owners?
Slavery was protected via state’s rights. Congress and and the Courts gutted Constitutional rights to protect business models and slavery not people, rights or slaves? Who greased the DC Appeals Court, as slave owners greased congress and courts before a civil war ensued?
Maggots……….
Excellent work as usual, David. Disheartening that 2 stooges can overturn years of effort by countless people. <==== amend that to "human" people.
As for "ethanol rules," isn't that where pResident's emergency powers apply? Four state governor's appeal for suspension of a "rule to burn food" and pResident can't act??? !!!!
It seems that most states that have major toxic waste incinerators have them as close to one of their state’s corner boundaries as possible. I always figured that was so the host state had to deal with the negative fall-out as little as possible and the “costs” would be “externalized”.
Not a good sign with regard to neighborly responsibility.
Allowing coal fired power plant air emissions to pollute the commons (the air) is no different than allowing Joe’s Septic Service to haul and dump collected human waste on the commons – say the local elementary school or town square.
This court is intellectually bankrupt.
Coal air pollution is not just collecting in New England. The west coast is being bombarded with pollution from Asia (China). Olympic National Park in Washington state had some of the cleanest air in the world 15 years ago, now the lakes carry mercury warnings.
http://discovermagazine.com/2011/apr/18-made-in-china-our-toxic-imported-air-pollution/article_view?b_start:int=3&-C
http://aliciapatterson.org/stories/china’s-rise-creates-clouds-us-pollution
This court will be irrelevant soon. Obama’s secret Trans Pacific Partnership (corporate rights agreement) will create a corporate troika whose rulings are supreme to the EPA, congress, the courts and the Constitution.
The electrical utility industry argues that treating the waste from burnt coal (ash) as hazardous waste is an “insurmountable” problem. The coal industry is not viable unless we pretend coal ash is safe.
http://news.nationalgeographic.com/news/energy/2012/08/120809-little-blue-run-coal-ash-pond-to-close/
All fossil fuels are market failures. “True cost” accounting (even leaving out the cost climate change) would make fossil fuels more expensive than renewable energy.
Check out Airnow.gov on a hot summer day to see the air pollution warnings extending up the New England coast all the way to the Canadian border.
http://www.ehso.com/cssepa/tsdfincin.php
It reminds me a bit of Zen koans : )
Agreed. Perhaps that’s why Obama has left so many judicial vacancies…he’s waiting until after the election to pick those judges that support the 1%.
I’m disgusted beyond belief! Here in Austin, the “pollution is good for profit” crowd has caviled righteously on the City”s decision to sell our position in the notoriously dirty Fayetteville Power Project. This coal burner (hey, they use Powder Basin coal from Wyoming, which they tell us is the cleanest kind in their best Mrs. Olson voice. Pay no attention to those Fine Particle Emissions, because it’s all relative, 360 pounds of Mercury isn’t really all that much…) is a provider of cheap energy-just not so much if you happen to live downwind. From the Pecan Growers to a coalition of environmental organizations
These folks would have us the ongoing shift to renewable energy here will cost them too much. Bad for business, which is the ultimate sin in Rick Perry’s Texas. Of course any price increase on anything, be it taxes, water, electricity, labor, etc, is also “Bad for business.
The local paper has trumpeted Texas Attorney General Greg “I’ll sue the Federal Government over anything and everything” Abbot’s great success in fighting Obama’s Federal Government. From voter suppression to funding Planned Parenthood to the dreaded “Obamacare” to the EPA’s attempts to regulate pollution. “It is a victory for Texas, our environment, and our economy,” TCEQ says in a statement. “We regret that Texas businesses were forced into an additional, unnecessary permitting process by the EPA, even though existing permits were legal and protective of the environment.”
It appears that one person’s deadly pollution is someone elses suppresive, onerous regulation. Show me where the sacred Constitution gives you the right to breathe clean air…