Today, Sen. Tom Carper (D-Del.), Chairman of the Senate Subcommittee on Clean Air and Nuclear Safety, issued the following statement regarding the Supreme Court's announcement that it will review a lower court decision on the U.S. Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule. On August 21, 2012, a three judge panel of the D.C. Circuit Court voted 2-1 to vacate the Cross-State Air Pollution Rule in EME Homer City Generation v. EPA. The Cross-State Air Pollution Rule attempts to ensure all states are good neighbors by making sure that states clean up their air pollution that drifts across their borders, which poses significant risks to public health in the Northeast and Mid-Atlantic regions.
"I've said it before, and I will say it again: I believe the D.C. Circuit Court got it wrong in August when it decided to vacate the EPA's Cross-State Air Pollution Rule," said Senator Carper. "This rule has been upheld and supported by a majority of the U.S. Senate and protects the health of millions of Americans, including thousands of children with asthma and other respirator diseases. That is why today's news that the Supreme Court will hear an appeal of the lower court's decision on the Cross-State Air Pollution Rule is music to my ears. The court's decision will be crucial for the health of citizens like those in my home state of Delaware, where we have made tremendous strides in cleaning up our harmful air pollution but still are forced to live with the dirty air that drifts northeast from our western neighbors. I -- and many of my colleagues that also represent downwind states -- will be watching this case very closely, and I sincerely hope that we will see a better outcome than the one rendered by the D.C. Circuit Court."
The Cross-State Air Pollution Rule was the EPA's attempt to replace the Clean Air Interstate Rule which also addressed interstate air pollution and was remanded by the D.C. Circuit Court in 2008. The Clean Air Interstate Rule will continue to stay in place as the court deliberates.