Federal Court of Appeals hears arguments in cross-state air pollution rule

Oral arguments in a court case against the Environmental Protection Agency by several states, utilities and business groups are today in a District of Columbia federal appeals court.

The case, EME Homer City Generation LP v. U.S. Environmental Protection Agency (Case No. 11-1302), challenges the EPA’s right to enforce a rule that would limit pollution from power plants that crosses state lines. The EPA says it has the right to enforce the rule after years of noncompliance by states. The other parties, however, say that the federal Clean Air Act gives states the primary responsibility to enforce clean-air rules.

Among the parties disputing enforcement of the rule were the state of Oklahoma and Public Service Co. of Oklahoma, which has more than 500,000 electric customers in the state.

The U.S. Court of Appeals for the District of Columbia has stayed enforcement of the EPA rule as the case is pending.

Thank you for joining our conversation on Power Play. We encourage your discussion but ask that you stay within the bounds of our commenting and posting policy.