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Indiana pleased with decision to vacate EPA Transport Rule

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The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.

The Circuit Court ruled Tuesday that the EPA’s rule, also known as the Transport Rule, exceeds the agency’s statutory authority. That rule defines emissions reduction responsibilities for 28 upwind states based on those state’s contributions to downwind states’ air quality problems. The rule targets two pollutants, sulfur dioxide and nitrogen oxides, which often come from coal- and natural-gas-fired power plants.  

Indiana joined 14 attorneys general from upwind states in opposing the rule in EME Homer City Generation L.P. v. Environmental Protection Agency, et al., 11-1302.

 The statutory text only grants the agency authority to require upwind states to reduce their own significant contributions to a downwind state’s nonattainment. But under the rule, upwind states may be required to reduce emissions by more than their own significant contributions to a downwind state’s nonattainment.

“EPA has used the good neighbor provision to impose massive emissions reduction requirements on upwind States without regard to the limits imposed by the statutory text. Whatever its merits as a policy matter, EPA’s Transport Rule violates the statute,” Judge Brett Kavanaugh wrote.

He also pointed out the Clean Air Act allows states the initial opportunity to implement required EPA reductions under the good neighbor provision, but when the EPA quantified the states’ good neighbor obligations, it didn’t allow them the initial opportunity to implement the reductions with respect to sources within their borders.

“Instead, EPA quantified States’ good neighbor obligations and simultaneously set forth EPA-designed Federal Implementation Plans, or FIPs, to implement those obligations at the State level. By doing so, EPA departed from its consistent prior approach to implementing the good neighbor provision and violated the Act,” Kavanaugh explained.

"This repudiation of EPA's overreaching regulation is great news for Hoosier ratepayers and job seekers,” Daniels said in a statement. “Indiana is in compliance with federal clean air limits for the first time ever, and our air quality is the best since measurement began.  This ruling means that our affordable energy costs can remain one of our best arguments in attracting new businesses."  
The majority sent the case to the EPA to continue administering Clean Air Interstate Rule, pending promulgation of a valid replacement.
Judge Judith Ann Wilson Rogers dissented because by vacating the Transport Rule, the majority disregarded the limits Congress placed on its jurisdiction, the plain text of the Clean Air Act, and the Circuit Court’s settled precedent interpreting the same statutory provisions at issue.

“The result is an unsettling of the consistent precedent of this court strictly enforcing jurisdictional limits, a redesign of Congress’s vision of cooperative federalism between the States and the federal government in implementing the CAA based on the court’s own notions of absurdity and logic that are unsupported by a factual record, and a trampling on this court’s precedent on which the Environmental Protection Agency (“EPA”) was entitled to rely in developing the Transport Rule rather than be blindsided by arguments raised for the first time in this court,” she wrote.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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