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US supreme court strikes down Obama's EPA limits on air pollution US supreme court strikes down Obama's EPA limits on air pollution
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The US supreme court struck down new rules for America’s biggest air polluters on Monday, dealing a blow to the Obama administration’s efforts to set limits on the amount of mercury, arsenic and other toxins coal-fired power plants can spew into the air, lakes and rivers.The US supreme court struck down new rules for America’s biggest air polluters on Monday, dealing a blow to the Obama administration’s efforts to set limits on the amount of mercury, arsenic and other toxins coal-fired power plants can spew into the air, lakes and rivers.
The 5-4 decision was a major setback to the Environmental Protection Agency (EPA), and could leave the agency more vulnerable to legal challenges from industry and Republican-led states to its new carbon pollution rules.The 5-4 decision was a major setback to the Environmental Protection Agency (EPA), and could leave the agency more vulnerable to legal challenges from industry and Republican-led states to its new carbon pollution rules.
It was also a blow to years of local efforts to clean up dangerous air pollution.It was also a blow to years of local efforts to clean up dangerous air pollution.
The justices embraced the arguments from industry and 21 Republican-led states that the EPA rules were prohibitively expensive and amounted to government overreach. The supreme court has now sent the case back to the Washington DC circuit court of appeals, which will then ask the EPA to reconsider its rule-making. Activists are now urging the EPA to act definitively and quickly to issue revised regulation.
The landmark decision closes a chapter on a two-decade-long effort to force stricter emissions standards for coal-fired power plants. “The supreme court’s decision does not change the importance of EPA’s role in protecting our families and communities from toxic air pollution,” said Lisa Garcia of non-profit litigation group Earthjustice in a statement. “The court gave EPA the ability to finalize these critical public health protection once and for all. Now, EPA must act quickly. Thousands of lives are at stake.”
The justices embraced the arguments from the industry and 21 Republican-led states that the EPA rules were prohibitively expensive and amounted to government overreach.
The decision, written by Justice Antonin Scalia, ruled that the EPA did not reasonably consider the cost factor when drafting regulation.
The Clean Air Act had directed the EPA to create regulations for power plants that were “appropriate and necessary”. The agency did not consider cost when making its decision, the court ruled, but estimated that the cost of its regulation to power plants would be $9.6bn a year.
Scalia was joined by the conservative members of the bench. The dissent, written by Elena Kagan, was supported by Ginsburg, Breyer and Sotomayor.
The landmark decision is the latest chapter in a two-decade-long effort to force stricter emissions standards for coal-fired power plants.
The regulation, adopted in 2012, would have affected about 600 coal-fired power plants across the country – many of which are concentrated in the midwest and the south.The regulation, adopted in 2012, would have affected about 600 coal-fired power plants across the country – many of which are concentrated in the midwest and the south.
It was already going into effect across the country. But Republican governors and power companies challenged the EPA’s authority, saying the agency had mishandled estimates of the cost of the new rules.It was already going into effect across the country. But Republican governors and power companies challenged the EPA’s authority, saying the agency had mishandled estimates of the cost of the new rules.
The EPA and campaigners have argued that the public health costs posed by the toxic air pollutants outweighed those to utility companies forced to fit new control equipment.The EPA and campaigners have argued that the public health costs posed by the toxic air pollutants outweighed those to utility companies forced to fit new control equipment.
Anna Aurilio, the Washington director of Environment America, said in a statement that the court’s decision “to let polluters off the hook is a huge setback for our kids’ health”.
Earthjustice said that the rules now invalidated by the court’s decision would have saved “between 4,000 and 11,000 live each year by substantially reducing pollution from the dirtiest plants”.
In a statement, the group highlighted the fact that the court did not reject the key conclusions from the EPA, namely that power plants are “far and away the worst industrial polluters,” and controlling toxic emissions is “both technologically and economically feasible”.
Joseph O Minnott, chief counsel of the Clean Air Council, said his organization was “disappointed” by the court’s decision not to uphold the EPA rules, “which would bring many of the country’s oldest and dirtiest power plants in line with modern standards, and allow citizens to breath cleaner safer air”.
He added: “It is clear that the benefits to public health and the environment this rule would provide dwarf the costs of implementing it, no matter when in the determination those costs are considered.”