A US Court of Appeals earlier this month overturned the Cross-State Air Pollution Rule, which would have established new pollution controls in 28 states and Washington, DC. The Court determined that the EPA overreached its power in requiring emissions reductions of sulfur dioxide and nitrogen oxide from Midwest power plants. The ruling stated that the EPA, which relied on the “good neighbor provision” of the Clean Air Act, did not allow upwind states the opportunity to comply with federal standards on their own terms. The Rule, which had been delayed after being set to take effect January 1, 2011, would have also implemented a cap-and-trade policy to help utilities adhere to regulations by buying and selling pollution credits. The Bush Administration’s Clean Air Interstate Rule, which the Court rejected in 2008, will be restored until the EPA decides its next step after reviewing the ruling. That rule allows for a longer time frame for reducing emissions.

Source: The Washington Post