August 21, 2012

AN EPA DEFEAT: Federal Court: Obama’s EPA recognizes no legal limits. “In a 2-to-1 decision posted Tuesday, the U.S. Court of Appeals for the District of Columbia held that the EPA’s new Cross-State Air Pollution Rule, targeting the 28 states that generate the majority of the electricity in the United States, exceeded the agency’s legal authority.”

And, from the opinion: “EPA seems reluctant to acknowledge any textual limits on its authority under the good neighbor provision. At oral argument, EPA suggested that ‘reasonableness’ is the only limit on its authority to use cost-effectiveness to force down States’ emissions. EPA would not rule out the possibility that under the good neighbor provision, it could require a State to reduce more than the State’s total emissions that go out of State. But such a claim of authority does not square with the statutory text.”