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DC Circuit Court Overturns EPA'S Cross-State Air Pollution Rule

Press Release

Location: Washington, DC

Representative James Lankford (R-OK) issued the following statement after this morning's announcement made by the District of Columbia Circuit Court of Appeals that it would overturn the EPA's Cross-State Air Pollution rule (CSAPR).

"This is a huge victory for the states over the intransigent federal bureaucracy," said Representative Lankford.

"The EPA often screams accusations and whispers innocence, especially when regulations like CSAPR get out of control. The Transport Rule of this regulation exceeds statutory authority, and I am pleased that the Court overturned it. The EPA used the good neighbor provision in a burdensome manner inconsistent with congressional intent, imposing undue standards on 'upwind' states. This is just another way that the EPA overruns state authority."

According to the EPA's information on CSAPR, "EPA finalized a supplemental rulemaking on December 15, 2011 to require five states - Iowa, Michigan, Missouri, Oklahoma, and Wisconsin - to make summertime NOX reductions under the CSAPR ozone season control program. CSAPR requires a total of 28 states to reduce annual SO2 emissions, annual NOX emissions and/or ozone season NOX emissions to assist in attaining the 1997 ozone and fine particle and 2006 fine particle National Ambient Air Quality Standards (NAAQS)." On February 7, 2012, the EPA issued minor adjustments and subsequently finalized the adjustments on June 5, 2012, which increased state budgets to assist them with applying CSAPR.

"This victory over the EPA," continued Rep. Lankford, "returns power to the states to work together to keep our air clean without an overreaching, ill-fitting regulatory structure.

"States can cooperate to ensure that all of us can maintain clean air and water, but the EPA must stay within its statutory authority and allow states to do what is best for their citizens and their neighbors," concluded Rep. Lankford.

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