Via The Washington Times:
President Obama’s environmental agenda suffered another loss in court Tuesday when a federal appeals panel ordered the administration to rewrite rules limiting cross-state pollution.
In its ruling, the U.S. Court of Appeals for the District of Columbia affirmed the Environmental Protection Agency’s Cross-State Air Pollution Rule, meant to stop upwind states from producing pollution that drifts into neighboring states and pushes them out of compliance with federal standards. But while the court upheld the plan itself, the judges said the EPA’s limits on 13 states, mostly in the South and Midwest, were far too strict and must be redone.
The ruling comes a month after the Supreme Court struck down the EPA’s mercury and air toxics standards, meant to limit pollution from power plants. The court found that the agency failed to consider the massive costs associated with complying with the rule.