Win For Americans: EPA Cross-State Emissions Rule Delayed by Court in Victory for Producers

The U.S. Environmental Protection Agency must delay implementing rules on interstate air pollution on Jan. 1, a federal court ruled, siding with electric power producers seeking to defeat the new regulations.

A three-judge panel of the U.S. Appeals Court in Washingto today granted a request by electric power producers and other challengers to delay the deadline for plants in 27 states to begin reducing emissions of sulfur dioxide and nitrogen oxide while the court considers the rule’s legality.

“Petitioners have satisfied the standards required for a stay pending court review,” Judges Brett Kavanaugh, Thomas Griffith and Janice Rogers Brown said in the brief ruling.

More than three dozen lawsuits in the Washington court seek to derail the EPA’s Cross-State Air Pollution Rule, which was issued in July and revised in October. The court hasn’t scheduled a date for argument, though today’s order suggested the judges would hear the case by April.

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