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Cross-State Air Pollution Protection at Risk Following Court Ruling
Case Updates:
August 21, 2012
On August 21, the D.C. Circuit Court ruled against the Environmental Protection Agency’s Cross-State Air Pollution protection, which sought to protect Americans from dangerous air pollution from coal-fired power plants. Sierra Club had joined the lawsuit, along with the Environmental Defense Fund, Clear Air Task Force, American Lung Association, the Natural Resources Defense Council and others, as well as over a dozen US states and cities, in an effort to defend the life-saving protection against big polluters.
While the ruling creates a temporary delay, it does not change the reality that too much coal pollution is crossing state lines in 28 eastern states, and that this air pollution has to be cleaned up. Whether the full court rehears this case and affirms the rule, or whether the Environmental Protection Agency goes back to the drawing board and issues a new standard, these pollution reductions still will happen.
In the meantime, as Bloomberg news reported yesterday, there are other factors at work right now, like low natural gas prices and long-overdue national mercury protections, that will have a far greater influence on decisions utilities are making about particular coal plants. These factors, combined with grassroots pressure from local leaders concerned about coal pollution, have already resulted in 120 coal plants announced for retirement in just the past two years.
We urge the Environmental Protection Agency to petition for rehearing and strive to preserve the public health benefits that the rule promises. In the absence of any clear standards right now, regulators and ratepayers should be even more hesitant to invest enormous sums of money in old coal plants -- especially since future cleanup standards should be even stricter than the current rule.
October 15, 2011
Sierra Club has taken action to defend the U.S. Environmental Protection Agency’s Cross State Air Pollution Rule in court. Industry players and several states have filed motions with the D.C. Circuit Court to stay a rule that would protect Americans from life-threatening air pollution, and Sierra Club and its allies are working tirelessly to make sure their attempts to kill or weaken the rule do not succeed.
July 20, 2011
Today, the U.S. Environmental Protection Agency (EPA) announced the Cross-State Air Pollution rule to protect Americans from dangerous air pollution from coal-fired power plants. Once implemented, the protection will reduce dangerous soot and smog pollution from power plants in 27 states and help curb poor air quality days and respiratory illnesses that affect millions of Americans.
In response, Michael Brune, Executive Director of the Sierra Club, issued the following statement:
"The Sierra Club applauds EPA Administrator Lisa Jackson’s Cross-State Air Pollution announcement today to protect Americans from life-threatening air pollution produced by coal-fired power plants.
"This long overdue and much-needed action will help communities clean up their air and save lives by curbing millions of tons of air pollution that travel downwind and across state lines each year.
"Once implemented, we will begin to see the effects of the protection almost immediately – beginning in 2014, the protection will prevent between 13,000 and 34,000 premature deaths annually, avoid 19,000 emergency room visits, prevent 1.8 million missed work and school days and improve the lives of millions. The benefits of the protection will also save Americans as much as $280 billion in annual health costs, while costing only about $2.4 billion annually to implement."
Details and Documents:
What Does This Week's Cross State Air Pollution Ruling Mean for Coal?
August 23, 2012 by Mary Anne Hitt, Sierra Club Compass
Decision
August 21, 2012 by Judge Brett Kavanaugh, In the US Court of Appeals for the D.C. Circuit
Cross-State Air Pollution Protection At Risk After Court Ruling
August 21, 2012 by Mary Anne Hitt, Compass
Life-Saving Cross-State Air Pollution Rule in Jeopardy Following Court Ruling
August 21, 2012, Sierra Club Press Release
Sierra Club et al. Response in Opposition to Texas' Motion for a Stay of the Transport Rule
October 13, 2011, In the U.S. Court of Appeals for the D.C. Circuit
Sierra Club et al. Response in Opposition to GenOn's Motion for a Stay of the Transport Rule
October 6, 2011, In the U.S. Court of Appeals for the D.C. Circuit
Sierra Club et al. Response in Opposition to Luminant's Motion for a Stay of the Transport Rule
October 6, 2011, In the U.S. Court of Appeals for the D.C. Circuit
Sierra Club et al. Response in Opposition to EME's Motion for a Stay of the Transport Rule
September 12, 2011, In the U.S. Court of Appeals for the D.C. Circuit
Cross-State Air Pollution Rule
July 6, 2011, EPA web site
News Articles:
U.S. court strikes down EPA rule on coal pollution
August 21, 2012 by Valerie Volcovici, Reuters
EPA Orders Power Plants to Clean Up Interstate Emissions
July 7, 2011 by Gabriel Nelson, Greenwire
EPA Unveils New Standards For Coal-Fired Power Plants
July 7, 2011 by Lucia Graves, Huffington Post
More Info:
See other "Stop Polluters" cases.