Sen. Tom Carper (D-Del.), Chairman of the Senate Subcommittee on Clean Air and Nuclear Safety, issued the following statement regarding the Environment Protection Agency's decision to ask the full United States Court of Appeals for the District of Columbia Circuit to rehear the U.S. Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule. On August 21, 2012, a three judge panel voted 2-1 to vacate the Cross State Air Pollution Rule. The Cross State Air Pollution Rule attempts to ensure all states are good neighbors by making sure states clean up their air pollution that drifts across their borders, which poses significant risks to public health in Northeast.
"I believe the D.C. Circuit Court got it wrong with their August decision to vacate the EPA's Cross-State Air Pollution Rule. This is a rule that has been upheld and supported by the majority of the Senate and protects the health of millions of Americans. I am encouraged by the EPA's decision to appeal to the full D.C. Circuit to rehear the Cross-State Air Pollution Rule. The Cross-State Air Pollution rule -- or 'Good Neighbor' rule -- is crucial for the health of citizens like those in Delaware, who live in a state that has cleaned up its harmful air pollution, but still are forced to live with their neighbors' dirty air."
The Cross State Air Pollution Rule was EPA's attempt to replace the Clean Air Interstate Rule which also addressed interstate air pollution and was remanded by the same court in 2008. The Clean Air Interstate Rule will continue to stay in place as the EPA deliberates on how to move forward.