PACE Issues Statement on CSAPR Court Ruling

On Tuesday, August 21st, the U.S. District Court of Appeals for the D.C. Circuit ruled to overturn the EPA’s Cross-State Air Pollution Rule (CSAPR). Among the findings of the court were that “Congress did not authorize EPA to simply adopt limits on emissions as EPA deemed reasonable” and that “states have the primary responsibility for determining how to meet those standards and regulating sources within their borders.”

In response, PACE released the following statement to the media:

“The U.S. Court of Appeals dismissal of EPA’s Cross-State Air Pollution Rule (CSAPR) today is affirmation that the Agency overstepped its authority in trying to implement the policy. This Administration has been particularly deliberate in the timing of its various regulations, many of which will have dire impacts on America’s energy reliability, electric bills, and unemployment. Rather than address the concerns of external parties about the incomplete and inaccurate justification of CSAPR, EPA chose instead to defend the rule by ignoring critics and trying to stall its implementation until long after the President’s possible reelection. Executive agencies like the EPA can only apply authority conferred by the statute and may not disobey statutory limits on that authority. However, this power-grabbing EPA did just that.

The Court is right to have vacated CSAPR on the basis that EPA callously disregarded the boundaries set by Congress and correct to have reiterated that states are responsible for their own standards and regulations.  EPA has put politics above its mission and responsibility to the country, and today’s decision is a wakeup call for the agency to start playing by the rules.”