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Court strikes down EPA rule on coal pollution

Reuters -- The U.S. Court of Appeals for the D.C. Circuit said in a 2-1 decision that the Environmental Protection Agency had exceeded its mandate with the rule, which was to limit sulfur dioxide and nitrogen oxide emissions from power plants in 28 mostly Eastern states and Texas.

In the latest setback for the EPA, the court sent the Cross-State Air Pollution Rule back for revision, telling the agency to administer its existing Clean Air Interstate Rule in the interim.

"The Obama-EPA continues to demonstrate that it will stop at nothing in its determination to kill coal," said Republican Senator James Inhofe, one of the Senate's most vocal EPA opponents. "With so much economic pain in store, it is fortunate that EPA was sent back to the drawing board."

Coal company stocks... soared. Peabody Energy


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Submitted Aug 22, 2012 By: DellDude2
Category: Daily News Article Discussions > Topics Add to favorite topics  
Author Topic: Court strikes down EPA rule on coal pollution Back to Topics
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honda0105
Champion Author Tallahassee

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Message Posted: Aug 26, 2012 6:32:01 AM

interesting comments.
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A2J
Champion Author Richmond

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Message Posted: Aug 24, 2012 12:36:41 PM

below the belt ?
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Martinman
Champion Author Mississippi

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Message Posted: Aug 23, 2012 11:45:50 PM

nsdp from San Antonio posted...

"Interesting that this court said to do what a different panel from the DC circuit said NOT to do in North Carolina vs EPA. NC vs EPA was the prior appeal of this set of rules. Since a second panel of a Circuit Court Of Appeals cannot over rule or veto a prior panel "Stare Decisis" when the case has previously been denied review by the Supreme Court, today's decision means only that the matter will be referred to an "En Banc" hearing by the DC Circuit. The order denying Cert in NC Vs EPA gives the first opinion and advantage since the Supreme Court saw nothing wrong with the first decision. It was also a unanimous decision while this one is a split decision. So we basically have 4 judges voting against today's decision and only two voting for it. Of the five remaining Circuit judges, four are either Clinton or Obama appointments. I really doubt that today's decision will survive given the odds against it. Unlike the NC panel which issued a mandate (court order) which EPA must obey, today's court cannot issue a mandate due to the split decision and the prior ruling contrary.

Our level of literacy continues to decline."

-----

The true irony in this, is that it was the State of Massachusetts that was the intervenor...

To piggy-back on what nsdp posted.

First, this will be over-turned.

Additional reasons "Why"?

Because it was the prior Supreme Court ruling in 2007 that REQUIRED the EPA to enforce "pollutants" the Clean Air Act.

In its prior ruling, the Supreme Court directed the EPA to enforce pollution standards under the Clean Air Act by identifying whether carbon dioxide and other greenhouse gases are pollutants, as well as to set standards according to the Act. The NAS and NIH have both identified sulfur dioxide and Nitrous oxide as pollutants - sulfur dioxide contributing to acid rain and Nitrous oxide to ozone/smog pollution.

Second, this Appeallate ruling does not affect the "MATS for power plants" emissions standards, that also covers arsenic, mercury, and Carbon Dioxide emissions. This is largely a matter of semantics by the coal and power utilities industries.

Realize that the EPA only wrote the emissions standards. Determinations of pollutants and toxicity information came from research by the NAS (National Academy of Sciences) and NIH (National Institutes of Health). The EPA used peer review literature in determining which emissions particulates were hazardous to human health, and thus defined as "pollutants", as well as at what levels the pollutants constitute a public health hazard. It then set emissions standards in accordance with those findings.

-----

MASSACHUSETTS et al. v. ENVIRONMENTAL PROTECTION AGENCY et al.

"Based on respected scientific opinion that a well-documented rise in global temperatures and attendant climatological and environmental changes have resulted from a significant increase in the atmospheric concentration of “greenhouse gases,” a group of private organizations petitioned the Environmental Protection Agency (EPA) to begin regulating the emissions of four such gases, including carbon dioxide, under §202(a)(1) of the Clean Air Act, which requires that the EPA “shall by regulation prescribe ... standards applicable to the emission of any air pollutant from any class... of new motor vehicles... which in [the EPA Administrator’s] judgment cause[s], or contribute[s] to, air pollution ... reasonably ... anticipated to endanger public health or welfare,” 42 U. S. C. §7521(a)(1). The Act defines “air pollutant” to include “any air pollution agent ... , including any physical, chemical ... substance ... emitted into ... the ambient air.” §7602(g). EPA ultimately denied the petition, reasoning that (1) the Act does not authorize it to issue mandatory regulations to address global climate change, and (2) even if it had the authority to set greenhouse gas emission standards, it would have been unwise to do so at that time because a causal link between greenhouse gases and the increase in global surface air temperatures was not unequivocally established. The agency further characterized any EPA regulation of motor-vehicle emissions as a piecemeal approach to climate change that would conflict with the President’s comprehensive approach involving additional support for technological innovation, the creation of nonregulatory programs to encourage voluntary private-sector reductions in greenhouse gas emissions, and further research on climate change, and might hamper the President’s ability to persuade key developing nations to reduce emissions.

Petitioners, now joined by intervenor Massachusetts and other state and local governments, sought review in the D. C. Circuit. Although each of the three judges on the panel wrote separately, two of them agreed that the EPA Administrator properly exercised his discretion in denying the rulemaking petition. One judge concluded that the Administrator’s exercise of “judgment” as to whether a pollutant could “reasonably be anticipated to endanger public health or welfare,” §7521(a)(1), could be based on scientific uncertainty as well as other factors, including the concern that unilateral U. S. regulation of motor-vehicle emissions could weaken efforts to reduce other countries’ greenhouse gas emissions. The second judge opined that petitioners had failed to demonstrate the particularized injury to them that is necessary to establish standing under Article III, but accepted the contrary view as the law of the case and joined the judgment on the merits as the closest to that which he preferred. The court therefore denied review...."

.
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drpepperTX
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Message Posted: Aug 23, 2012 11:36:01 PM

President Richard Nixon transmitted Reorganization Plan No. 3 to the United States Congress by executive order and creating the EPA. The order of the wording is the key.
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Martinman
Champion Author Mississippi

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Message Posted: Aug 23, 2012 11:04:19 PM

If you've not dealt with drpeppertx before, he is an ardent supporter of revisionist history...

Practices it every day!

[Edited by: Martinman at 8/24/2012 12:06:37 AM EST]
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gravityhurts
Champion Author North Carolina

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Message Posted: Aug 23, 2012 5:13:48 PM

already commented about this, I unlike our repeating Gas Buddy, will not repeat myself.
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rjhenn
Champion Author Des Moines

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Message Posted: Aug 23, 2012 2:04:27 PM

drpepperTX - "EPA was created by Executive Order in 1970. Executive order power is only granted to the Executive Branch of government."

The executive order was a reorganization plan that was submitted to Congress in accordance with chapter 9 of Title 5 USC and ratified by committee hearings in the House and Senate.
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sparky808
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Message Posted: Aug 23, 2012 12:20:56 PM

Thank you for posting.
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drpepperTX
Champion Author Texas

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Message Posted: Aug 23, 2012 8:06:14 AM

EPA was created by Executive Order in 1970. Executive order power is only granted to the Executive Branch of government.

[Edited by: drpepperTX at 8/23/2012 9:10:25 AM EST]
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GOBUTLER
Champion Author Indianapolis

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Message Posted: Aug 23, 2012 7:56:45 AM

Interesting...
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DrCashFlow
Champion Author Massachusetts

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Message Posted: Aug 23, 2012 1:54:32 AM

good
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rjhenn
Champion Author Des Moines

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Message Posted: Aug 23, 2012 12:48:26 AM

SammyAdams - "The EPA is a lawless agency out of control and with hardly any accountability. It was created by Executive Order (Similar to a mandate by a dictator) and should be abolished altogether."

Actually, it was created with the consent and authorization of Congress and it enforces laws passed by Congress.
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OWENALOTT
Champion Author Appleton

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Message Posted: Aug 23, 2012 12:31:24 AM

Great ruling!
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SammyAdams
Champion Author Tallahassee

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Message Posted: Aug 22, 2012 11:16:53 PM

The EPA is a lawless agency out of control and with hardly any accountability. It was created by Executive Order (Similar to a mandate by a dictator) and should be abolished altogether. We do not need an opinion from the Courts at any level. Congress just needs to A-B-O-L-I-S-H this unconstitutional agency.
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Zonk
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Message Posted: Aug 22, 2012 11:11:41 PM

Great ruling!
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rahcat
Champion Author Grand Rapids

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Message Posted: Aug 22, 2012 11:04:38 PM

OUTSTANDING!!!!!!!!! Now, defund and ban the EPA!
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pastorpaulcg
Champion Author Virginia

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Message Posted: Aug 22, 2012 11:04:05 PM

Epa overreached? Shocking
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MAC48
Champion Author Dallas

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Message Posted: Aug 22, 2012 11:03:27 PM

It would be quite appropriate and indeed a wonderful event for the this country and its economy if all EPA rulings since 1990 were repealed.
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jrschl
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Message Posted: Aug 22, 2012 11:02:35 PM

When is the EPA itself going to be struck down?
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EmperorsFinest
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Message Posted: Aug 22, 2012 11:02:06 PM

tubular
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VanIsleLes
All-Star Author British Columbia

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Message Posted: Aug 22, 2012 10:55:32 PM

Never a dull moment.
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SavALot
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Message Posted: Aug 22, 2012 10:54:04 PM

Keep the skies blue not brown
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nvlkoala
All-Star Author Maryland

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Message Posted: Aug 22, 2012 10:53:51 PM

cheeper coal to export to india
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bby
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Message Posted: Aug 22, 2012 10:53:26 PM

Ok
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letterchunker
Champion Author Texas

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Message Posted: Aug 22, 2012 10:52:42 PM

Two things we really need to get rid of soon (November). Obama-EPA
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Chris46
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Message Posted: Aug 22, 2012 10:52:39 PM

About time somebody did something.
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Alaydown
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Message Posted: Aug 22, 2012 10:52:01 PM

Hopefully we can change presidents in January too.
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REVLAW
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Message Posted: Aug 22, 2012 10:51:50 PM

Well, at least one judge had the balls to tell Obama to pound sand. Chief Justice Roberts should take lessons.
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tidalwave3
Champion Author Tallahassee

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Message Posted: Aug 22, 2012 10:45:20 PM

And people still want him for 4 more years, really?
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alchulito
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Message Posted: Aug 22, 2012 10:44:32 PM

Alright
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mstearno
Champion Author Dayton

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Message Posted: Aug 22, 2012 10:43:15 PM

bout time
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g747
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Message Posted: Aug 22, 2012 10:43:12 PM

About time the brakes be put on the E.P.A.
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NedW
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Message Posted: Aug 22, 2012 10:41:26 PM

There's a sane court in the land!
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WIPACKERFAN
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Message Posted: Aug 22, 2012 10:40:09 PM

EPA is too big for its britches.
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big_mac64
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Message Posted: Aug 22, 2012 10:39:16 PM

EPA is one gov't entity that I wouldn't miss...plus ousting them will save taxpayers lots of $$$$$
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nru
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Message Posted: Aug 22, 2012 10:38:43 PM

why is it referred to as the Obama EPA - started by Nixon
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phinsup67
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Message Posted: Aug 22, 2012 10:37:38 PM

Blah Blah Blah
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suzmar
Champion Author Texas

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Message Posted: Aug 22, 2012 10:36:04 PM

The EPA has exceeded its mandate in many areas.
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PetroScopper
Champion Author Houston

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Message Posted: Aug 22, 2012 10:28:07 PM

I guess its back to the drawing board... there will still have to be some changes, its inevitable!
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firefly09
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Message Posted: Aug 22, 2012 10:26:17 PM

As nspd said, "Our level of literacy continues to decline."
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nsdp
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Message Posted: Aug 22, 2012 10:26:10 PM

wayoung56, interesting for the number of mistakes in it.
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mcmonsta
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Message Posted: Aug 22, 2012 10:24:27 PM

EPA without controls...what a monster
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wayoung56
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Message Posted: Aug 22, 2012 10:22:18 PM

Interesting article...
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nsdp
Champion Author San Antonio

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Message Posted: Aug 22, 2012 10:18:37 PM

Interesting that this court said to do what a different panel from the DC circuit said NOT to do in North Carolina vs EPA. NC vs EPA was the prior appeal of this set of rules. Since a second panel of a Circuit Court Of Appeals cannot over rule or veto a prior panel "Stare Decisis" when the case has previously been denied review by the Supreme Court, today's decision means only that the matter will be referred to an "En Banc" hearing by the DC Circuit. The order denying Cert in NC Vs EPA gives the first opinion and advantage since the Supreme Court saw nothing wrong with the first decision. It was also a unanimous decision while this one is a split decision. So we basically have 4 judges voting against today's decision and only two voting for it. Of the five remaining Circuit judges, four are either Clinton or Obama appointments. I really doubt that today's decision will survive given the odds against it. Unlike the NC panel which issued a mandate (court order) which EPA must obey, today's court cannot issue a mandate due to the split decision and the prior ruling contrary.

Our level of literacy continues to decline.

[Edited by: nsdp at 8/22/2012 11:24:01 PM EST]
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evey315
Sophomore Author Ohio

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Message Posted: Aug 22, 2012 10:10:02 PM

rein in the EPA before they get totally out of control
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MJIOWA
Champion Author Iowa

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Message Posted: Aug 22, 2012 10:09:45 PM

ok
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itsjustme719
Champion Author Hamilton

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Message Posted: Aug 22, 2012 10:09:29 PM

Coal shouldn't be used anywhere anymore.
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MG_Sputnik
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Message Posted: Aug 22, 2012 10:09:10 PM

Cool beans.
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Blue48
Champion Author Illinois

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Message Posted: Aug 22, 2012 10:09:06 PM

BANG!
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ratones1
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Message Posted: Aug 22, 2012 10:09:01 PM

OKAY...
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