EPA seems reluctant to acknowledge any textual limits on its authority under the good neighbor provision. At oral argument, EPA suggested that “reasonableness” is the only limit on its authority to use cost-effectiveness to force down States’ emissions. EPA would not rule out the possibility that under the good neighbor provision, it could require a State to reduce more than the State’s total emissions that go out of State. But such a claim of authority does not square with the statutory text – “amounts” of pollution obviously cannot “contribute” to a downwind State’s pollution problem if they don’t even reach the downwind State.
Tuesday, August 21, 2012
Federal Appeals Court in DC finds EPA oblivious to the limits of its own statutory power
Not really damn surprising. From the court ruling: