D.C. Court of Appeals Overturns Job Killing EPA Power Hungry Regulations.

[Obama 2012 1,714]

http://bizbeatblog.dallasnews.com/2012/08/court-overturns-epa-rule-limiting-cross-state-pollution-from-texas-coal-plants.html/

A court overturned an Environmental Protection Agency rule requiring Texas and other states to cut pollution that crosses state borders.

Dallas power company Energy Future Holdings had said it would comply with the Cross State Air Pollution Rule by shutting down coal mines in Texas and laying off the workers. The decision by the D.C. district court of appeals to vacate the EPA’s rule means coal plants across the state won’t have to cut pollution or buy trading credits to comply.

The decisio is a victory for EFH and the Texas politicians that have sued the EPA and spoken harshly against the agency, including Gov. Rick Perry.

The decision, by two of the three judges, states:

“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. Second, the Clean Air Act affords States the initial opportunity to implement reductions required by EPA under the good neighbor provision. But here, when EPA quantified States’ good neighbor obligations, it did not allow the States the initial opportunity to implement the required 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.”

Here’s a link to the decision.