Today, Ranking Member Henry A. Waxman released a statement in response to a 2-1 decision by the U.S. Court of Appeals for the District of Columbia Circuit to overturn an EPA regulation to reduce cross-state air pollution:
"I deplore this 2-1 decision, which vacates clean air protections that would have avoided up to 34,000 premature deaths each year. Congress adopted the Clean Air Act "good neighbor" provisions to ensure that Americans in downwind states would have effective recourse against upwind polluters. But these activist judges have flouted congressional intent, the language of the Clean Air Act, and prior D.C. Circuit opinions to impose their own policy preferences and eviscerate EPA's authority to protect downwind states and their citizens. I urge the administration to appeal this decision."