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Public Statements

Johanns Praises Courts Decision to Strike Down Cross-State Air Pollution Rule

Press Release

Location: Washington, DC

U.S. Sen. Mike Johanns (R-Neb.) today released the following statement on the U.S. D.C. Circuit Court of Appeals decision to strike down the Cross-State Air Pollution Rule proposed by the Environmental Protection Agency (EPA).

"Today's decision is a decisive victory for states and their ability to stand against EPA's costly rules and regulations that threaten to increase consumer electricity bills and cripple local economies," Johanns said. "EPA has a troubling history of overreaching beyond its authority and ignoring state enforcement agencies. I'm pleased the Court called EPA out on both counts in this case.

The EPA's Cross-State Air Pollution Rule, which set strict new emission standards, would have forced energy providers to implement costly changes in just six months.

The Court's opinion notes that EPA violated the Clean Air Act by failing to give state authorities a chance to submit plans to comply.

Last year, the State of Nebraska joined more than three dozen other petitioners in a lawsuit challenging the rule's implementation.

Johanns introduced legislation in 2011, which would halt the implementation of the Cross-State Air Pollution Rule. The legislation also would require EPA to give states at least two years to submit their own regulatory plan and prohibit EPA from applying any federal plan if states have not been given enough time. Additionally, Johanns was one of four co-sponsors of S.J. Res. 27, which would have cancelled the cross-state rule and sent EPA back to the drawing board.

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