Tuesday, August 21, 2012

Court Voids EPA Cross-State Pollution Rule

http://online.wsj.com/article/SB10000872396390443855804577603302771584214.html?mod=WSJ_hp_LEFTWhatsNewsCollection

***************
"Little did I realize that my desire to add value to others would be the thing that added value to me." (John C. Maxwell)
***************

Today a federal appeals court vacated the EPA's latest rule limiting soot and smog-forming air pollution that crosses state lines.

The U.S. Court of Appeals in the District of Columbia said the rule affecting power plants "exceeds the agency's statutory authority" and remanded the rule for the EPA to revise.

The court was scrutinizing the EPA's Cross-State Air Pollution Rule which sets state-by-state limits on pollution that blows across state lines.

This has to be a blow to the EPA bureaucrats that are trying to shut down coal-fired power plants in Texas.

Note to the EPA: how about "negotiating" something with the states that constitutes a long term solution benefiting all sides and preserving (instead of threatening) power for the people who use it?

What a concept!

4 comments:

  1. I'm all for negotiation but how can it ever work when the Attorney General of Texas is someone who responds to this decision by tweeting: "#EPA overlords suffer another defeat to #Texas: The power to regulate is the power to destroy" (http://twitter.com/GregAbbott_TX/status/237930659132362754) THIS guy is going to negotiate in good faith?

    ReplyDelete
  2. One word, Charlie: Externalities. The obvious logical (and ridiculous) conclusion to this ruling is that we, in Texas, will build a ton of new coal fired plants right on the border with Louisiana. With the prevailing winds blowing West to East, it'll be their problem, not ours, right?

    This wouldn't stand up in an international court if Spain tried to do this to France, for example. I utterly fail to recognize how the same shouldn't apply within our own states.

    This isn't a good outcome for anyone, except for people looking for a novel way to pollute.

    ReplyDelete
    Replies
    1. You are always creative and most often right! Hopefully, we are moving in the direction of gas-fired plants anyway.

      Delete