By: H. STERLING BURNETT
August 14, 2014
The U.S. Environmental Protection Agency is blaming power plants in Texas for Illinois air pollution and is using the accusation to justify restrictions on Texas power plants. EPA claims its cross-state pollution rule, intended to protect communities in one state from pollution drifting from other states, justifies placing restrictions on Texas power plants EPA claims are polluting Granite City, Illinois.
New EPA Authority
Several states have challenged EPA’s asserted authority to enact and enforce the cross-state rule, but two months ago the U.S. Supreme Court upheld it. Nevertheless, the Court ruled individual states can challenge specific applications of the rule if a state believes EPA is restricting emissions beyond what is necessary to prevent its contribution to another state’s air pollution.
Texas, Louisiana, and Wisconsin took the Supreme Court up on its offer and filed challenges to EPA applications of the rule.