Lankford: Supreme Court CSAPR Decision Expands Federal Overreach on States

Statement

Representative James Lankford (R-OK) expressed disappointment today after the Supreme Court issued its 6-2 decision in EPA v. EME Homer City Generation. Specifically, the decision comes down in favor of EPA's Cross-State Air Pollution Rule (CSAPR), which tries to limit air pollution in a number of states because the pollution purportedly impacts air quality in neighboring states.

"I am extremely disappointed the Supreme Court continues to expand the power of the federal government over state governments," said Lankford.

"It is increasingly clear that decision-makers in Washington should get outside the Beltway more frequently to see the effects of their decisions on the other 99.9% of the country. It is the role of the Court to follow the law and the Constitution, not to allow an ever-expanding federal bureaucracy to grow without limits.

"The Supreme Court's decision today requires states like Oklahoma with clean air and water to shoulder higher compliance costs and greater federal burdens to improve air quality in states half a continent away. The Clean Air Act gives first priority to each state to create a plan to deal with air pollution. The ruling today changes the intent of the law. Now, the EPA simply has to allow states to write an implementation plan first. But they have no obligation to accept the plan or allow states to implement their plans. Oklahomans understand how important it is to keep our region healthy for our own residents, and we do not need the federal government to act as Big Brother to us while we work out any environmental issues with surrounding states."

According to EPA's information on CSAPR, "EPA finalized a supplemental rulemaking on December 15, 2011 to require five states - Iowa, Michigan, Missouri, Oklahoma, and Wisconsin - to make summertime NOX reductions under the CSAPR ozone season control program. CSAPR requires a total of 28 states to reduce annual SO2 emissions, annual NOX emissions and/or ozone season NOX emissions to assist in attaining the 1997 ozone and fine particle and 2006 fine particle National Ambient Air Quality Standards (NAAQS)."

On February 7, 2012, the EPA issued minor adjustments and subsequently finalized the adjustments on June 5, 2012, which increased state budgets to assist them with applying CSAPR. States and industries within the affected group challenged the rule, and on August 21, 2012, the DC Circuit Court overturned CSAPR in a huge victory for the impacted states. The Supreme Court granted certiorari on the issue on June 24, 2013, and issued its final decision today, nullifying the states' prior victory.

"The answer to an overreaching federal government is not more government," continued Lankford.

"The Supreme Court's decision today in favor of CSAPR furthers this Administration's rhetoric that states and individuals cannot handle problems without the federal government. That is simply untrue. Come to Oklahoma; breathe our air and drink our water. As prices for energy and food rise in the days ahead, do not blame the utility company or the state. Lay the blame clearly on an overreaching federal government," concluded Lankford.

Source