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Federal appeals court denies EPA bid to reopen case on downwind pollution from power plants

Published on January 24, 2013; Published on January 24, 2013

Topics :: Environmental Protection Agency , U.S. Circuit Court of Appeals , WASHINGTON , District of Columbia

WASHINGTON - A federal appeals court will not reconsider a decision blocking an Obama administration effort to tighten restrictions on power plant pollution.

The U.S. Circuit Court of Appeals for the District of Columbia denied the administration's request for a new hearing on Thursday. The court said a majority of its eight active judges opposed rehearing the case.

A three-judge judge panel ruled in August that the Environmental Protection Agency's cross-state air pollution rule exceeded EPA's authority. The EPA had said the rule would reduce power-plant pollution that contributes to unhealthy air in neighbouring states.

The appeals court panel faulted the EPA for imposing "massive emissions reduction requirements" on upwind states without regard to limits imposed by law.

An agency spokeswoman didn't respond to an email seeking comment late Thursday.

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