The Edmond Sun

January 28, 2013

Court rules in cross-state air pollution rule

The Edmond Sun

OKLAHOMA CITY — A federal appeals court has denied the request of the EPA to rehear a case on a pollution rule challenged by Attorney General Scott Pruitt and other AGs in a multi-state lawsuit.

The U.S. Court of Appeals for the District of Columbia Circuit denied the request by the U.S. Environmental Protection Agency, ruling the EPA had exceeded its authority under the Clean Air Act in creation of the Cross-State Air Pollution Rule. The court specifically ruled the EPA must allow states the opportunity to meet regulations as provided under federal law.

Oklahoma joined Nebraska, Florida, Texas, Alabama, South Carolina and Virginia to file the lawsuit against the EPA in September after Oklahoma was required to follow a new federal plan to theoretically reduce pollution in another state.

Oklahoma has a separate case that was stayed pending a decision in the overall CSAPR case.