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Smith Applauds Decision to Overturn EPA's Cross-State Air Pollution Rule

Press Release

Location: Washington, DC

Congressman Adrian Smith (R-NE) released the following statement in support of the U.S. D.C. Circuit Court of Appeals decision to overturn the Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule (CSAPR).

"The Circuit Court's ruling against the Cross-State Air Pollution Rule will help keep Nebraska's energy costs low, and represents a step in the right direction as we work to rein in overreaching agencies and promote cooperation between the federal government and states. While the ruling is a positive development, we must continue pursuing regulatory reform to protect domestic energy production and grow our economy."


The Cross-State Air Pollution Rule would have arbitrarily required a 73 percent reduction in certain emissions from 2005 levels by 2014. The rule covered 28 states, including Nebraska, and the District of Columbia, and would have cost the power sector $2.4 billion annually.

Nebraska was one of more than three dozen states to challenge the rule in court. The Court ruled EPA acted outside of its statutory authority and did not adequately work with states to set reasonable goals and timelines to implement the regulation.

Congressman Smith is a cosponsor of H.R. 2401, the Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011 which would, among other provisions, prevent the implementation and enforcement of the CSAPR rule. The bill was passed by the House of Representatives on September 23, 2011.

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