U.S. Court of Appeals Rules: EPA Exceeded Mandate

U.S. Court of Appeals Rules: EPA Exceeded Mandate Limiting Sulfur Dioxide and Nitrogen Oxide Emissions From Power-generating Plants

On August 21, the U.S. Court of Appeals for the District of Columbia Circuit ruled, 2-1, that the Environmental Protection Agency (EPA) had exceeded its mandate with the Clean Air Act, which was to limit sulfur dioxide and nitrogen oxide emissions from power plants in 28 mostly Eastern states and Texas.

EPA’s rule intended to reduce sulfur dioxide emissions by 73% and nitrogen oxide by 54% at coal-fired power plants below 2005 levels. It is believed that reducing emissions from these plants will further reduce pollutants that cause acid rain and smog that cross state lines. A factor that it didn’t take into account was the financial hardship the rule would create for energy producers and their customers, possibly closing down energy facilities.

The judges ruled that the EPA exceeded its authority under the Clean Air Act by……