Air pollution is a complex problem. For one, it does not adhere to state boundaries; a smokestack in one state can contribute to pollution problems in another, even a downwind state hundreds of miles away. What’s more, air pollution’s impacts are not confined to just the air. What goes up must come down, and air pollutants are eventually deposited on the ground where they are washed into rivers, lakes, and streams.
The Environmental Protection Agency (EPA) has tried for decades to address the thorny problem of interstate air pollution. Last week, the U.S. Supreme Court revived the EPA’s Cross-State Air Pollution Rule, the agency’s most recent and comprehensive attempt to tackle the issue. The decision in EPA v. EME Homer City Generation, L.P. will mean that large sources of nitrogen oxide and sulfur dioxide emissions in certain states will be subject to more stringent air pollution requirements moving forward.
Reversing the U.S. Court of Appeals for the District of Columbia Circuit, the Court deferred to the EPA’s interpretation of the portion of the Clean Air Act that requires emission controls in states to ensure that no source “contributes significantly” to violations of air quality standards in another state (known as the “good neighbor” provision). The EPA interpreted that directive to require emissions reductions by states based on the availability of cost-effective control methods, a reading of the law that the Court found not only reasonable but also “efficient and equitable.”
The decision has national implications, but holds particular promise for ongoing efforts to restore the Chesapeake Bay. Because more than one-third of the nitrogen pollution in the Bay comes from air pollution, stronger federal air pollution rules should mean that Bay states see reductions in pollution coming from upwind and in-state sources.
CPR Member Scholar Victor Flatt and I summarize the decision here. The Case Brief provides a history of EPA’s attempt to define the scope of the Clean Air Act’s good neighbor provision, a summary of the majority’s reasoning, and an analysis of how the decision might affect efforts to clean up the Chesapeake Bay.
By endorsing the EPA’s overall approach to reducing interstate air pollution, the Supreme Court allowed the regulation to move forward with the promise of cleaner air, and a cleaner Chesapeake.
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Anne Havemann | May 8, 2014
Air pollution is a complex problem. For one, it does not adhere to state boundaries; a smokestack in one state can contribute to pollution problems in another, even a downwind state hundreds of miles away. What’s more, air pollution’s impacts are not confined to just the air. What goes up must come down, and air pollutants […]
Frank Ackerman | May 6, 2014
Frank Ackerman is the coauthor, with Joseph Daniel, of (Mis)understanding Climate Policy: The role of economic modeling, prepared for Friends of the Earth (England, Wales & Northern Ireland) and WWF-UK. Under the Climate Change Act 2008, the UK government sets “legally binding” carbon budgets, which cap the country’s total emissions for five-year periods. The size of […]
William Andreen | May 1, 2014
On April 21, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a proposed rulemaking to clarify the jurisdictional reach of the protections afforded by the Clean Water Act of 1972. The Clean Water Act is the foundation of our nation’s effort to restore and maintain the biological, chemical, and physical […]
Erin Kesler | April 29, 2014
The Supreme Court today upheld, by a 6-2 vote, the EPA’s cross-state air pollution rule. Below are reactions from Center for Progressive Reform scholars Thomas O. McGarity and Victor Flatt. According to McGarity: After two decade’s worth of litigation, the Supreme Court has finally held that EPA may require polluters in one state to protect […]
Joel A. Mintz | April 24, 2014
In a very thoughtful CPRBlog piece, dated April 14, 2014, Rena Steinzor presents a powerful critique of the enforcement aspects of EPA’s 2014-2018 Strategic Plan. As Professor Steinzor rightly points out, EPA’s projected cutbacks in source inspections, civil judicial enforcement, administrative enforcement actions, and other enforcement work will likely encourage air and water pollution by […]
Christine Klein | April 21, 2014
Landowners flooded by the Missouri River in 2011 have sued the Corps of Engineers for a Fifth Amendment “taking” under the U.S. Constitution. Their attorneys hope to rake in over $250 million in claims for their clients and at least $1 million in expenses and fees for themselves. They’re likely to be disappointed. Lawsuits seeking […]
Rena Steinzor | April 16, 2014
It’s basic common decency: If you know people are about to stumble into a dangerous situation without realizing the risk, you should try to warn them before harm occurs. For example, you might warn someone that a frying pan is hot before they pick it up or that a handrail is broken before they try […]
Rena Steinzor | April 15, 2014
It’s hard to find someone who is not appalled at the news that General Motors knew the ignition switches on some 2.6 million of its automobiles were defective and yet did nothing to fix the problem, instead recommending that its customers stop using keychains. It also lied repeatedly to its regulator, the National Highway Traffic […]
Rena Steinzor | April 14, 2014
Since the year began, the Environmental Protection Agency has resolved enforcement actions against 12 different companies in the Chesapeake region for failure to comply with environmental laws. In one case, EPA found that the U.S. Army had failed to inspect more than a dozen underground tanks at one of its Virginia military bases containing hundreds […]