The District of Columbia Appeals court has struck down US EPA's Cross-State Air Pollution Rule, which set tight limits on allowable pollution from burning fossil fuels, and most severely affected coal burning plants.
The DC court upheld the arguments of the industry and 15 states, led by Texas, that the limits set by the EPA for emissions of sulphur dioxide and nitrogen oxides, pollutants that cause acid rain and smog, were unjustifiably onerous, and ordered the EPA to stay for the time being with the less onerous Clean Air Interstate Rule, issued in 2005. The CAIR was proposed by the EPA as a way to enforce clean air obligations among US states, by limiting pollution that blows downwind into neighbouring states. The three judges ruled by two to one that the reductions in pollution demanded by the EPA went further than was necessary to meet those obligations.
Generators, and politicians from States most affected, had warned that the rule, alongside new regulations controlling other emissions such as mercury, would force widespread closures of coal-fired plants, potentially putting the reliability of electricity supplies at risk. One prominent critic is Energy Future Holdings, the largest generator in Texas, which had warned that the Rule might force it to shut down 9 per cent of its generation capacity.
The issue has become a political hot potato, with Republican representatives including Mitt Romney, the presidential candidate, accusing the administration of waging a “war on coal”.
The EPA and environmental groups have argued that the CSAPR would have prevented 30 000 premature deaths per year by cutting respiratory illness. The EPA said in a statement it was reviewing the decision and would in due course “determine the appropriate course of action”.
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