Some very good news for people who like to breathe.
The question was who should pay for air pollution that crosses state lines. The answer, the Supreme Court ruled Tuesday, is blowing in the wind.
States in the Midwest and South whose polluted air flows north and east must comply with a federally imposed solution, a 6-2 majority of justices ruled.
The decision, written by Justice Ruth Bader Ginsburg, was a boon for the Obama administration and its environmental regulators, who have proposed a rule requiring some 28 upwind states to slash ozone and fine particle emissions by varying amounts because of their downwind effects. Most of those states have rebelled against the one-size-fits-all solution.
The case focuses on air currents miles overhead but has down-to-earth consequences. The EPA blames exposure to ozone and fine particles in the air for one in 20 deaths in the United States, 90,000 hospital admissions, 200,000 non-fatal heart attacks and 2.5 million cases of aggravated asthma.
Attorneys for the objecting states and industries argued that the EPA was imposing a solution on the states before they could devise their own emissions control plans. As a result, Texas solicitor general Jonathan Mitchell said during oral arguments in December, “they have to overshoot and over-control and over-regulate.”
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit struck down the rule last year, ruling that EPA didn’t give states enough time to devise their own emissions reduction plans. It also said the agency did not limit the fix to each state’s “significant contribution” to the overall problem.
But the court’s majority ruled that with air pollution blowing in the wind, it would be nearly impossible to apportion blame precisely, making a federal solution based on costs and other factors more palatable.
The justices also noted that mid-Atlantic and Northeast states cannot meet federal emissions control standards without help from their neighbors to the west and south. Maryland, which spent $2.6 billion on its own emissions control efforts between 2007-10, estimates that 70% of its air pollution floats in over its borders.
See here, here, and here for the background. I confess, I wasn’t too optimistic about this at the time of the appeal, but I’m glad to have been proven wrong. Also proven wrong: Greg Abbott, who was of course one of the 14 AGs to pursue this litigation. Just another bad day at the office for you, Greg. Well, this latest loss by Greg Abbott is a big gain for a lot of people.
The Trib notes that SCOTUS isn’t done with this issue.
The Supreme Court is also expected to issue a ruling in the coming months in a case on federal greenhouse gas permitting rules. Justices had heard arguments in February from Texas and other states against the rules.
I believe that’s this case, and if they uphold the EPA’s actions again it’ll be quite the clean sweep for the Obama Administration. As always, however, you never know what SCOTUS might do, so let’s keep the anticipation in check for now. A copy of the SCOTUS decision is here, a statement from EPA Administrator Gina McCarthy is here, and a statement from the Texas League of Conservation Voters is here. Texas Clean Air Matters, the Texas Green Report, and Daily Kos have more.