December 13, 2013

‘Clean Air’ Regulation Before High Court

The Supreme Court considers federalism and pollution.

For years, New York City insisted it did not have a pollution problem; the problem was the bad air coming in from New Jersey. But there is a federal remedy for just about every perceived wrong, and, in this case, it’s the EPA and the “good neighbor” provision of the Clean Air Act to the rescue. The provision supposedly gives the EPA power to oversee remedies when alleged pollution in one state blows into a neighboring state. A state that significantly contributes to another state’s failure to meet federal standards can be required to limit emissions by a commensurate amount.

Under the Clean Air Act, the regulation of air pollution was the primary responsibility of states and municipalities. The EPA’s 2011 cross-state pollution rule, however, allowed the EPA to issue implementation plans immediately, instead of waiting for the states to develop their own. The EPA also promulgated a one-size-fits-all standard that doesn’t recognize an individual state’s contribution to downwind pollution.

More than a dozen states are now challenging these EPA mandates in Environmental Protection Agency v. EME Homer City Generation. In a 2-1 ruling, the DC Court of Appeals struck down the EPA rule in 2012, holding that the Clean Air Act “did not authorize EPA to simply adopt limits on emissions as EPA deemed reasonable.” The U.S. Supreme Court heard arguments Tuesday.

The EPA rule was intended to implement the Obama administration’s anti-carbon agenda, so, naturally, Democrats decried the Court of Appeals’ decision – more so because a Bush appointee wrote the majority opinion. But it’s telling that the DC Circuit also denied en banc review (i.e., review by the entire bench). So we’re off to see the Supremes, who should note that not only does the EPA rule violate principles of federalism, but also that the DC Circuit rarely overturns EPA rules, showing how extreme were the rules being reviewed. But if arguments were any indication, the Supreme Court may grant “a healthy amount of discretion” to the EPA. That’s bad news.

Start a conversation using these share links:

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!

The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)


“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2023 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.