Aug 222012

On Tuesday, a federal appeals court slapped EPA Administrator Lisa Jackson and told her to back off, when it struck down the Obama administration’s “good neighbor” pollution rule.

The “good neighbor” rule is designed to address pollution produced by a plant in one state that gets carried by the wind and settles in another state. It is a messy case because there are multiple states involved — some producing the goodies and others receiving them — as well as numerous plants.

No one likes pollution so it sounds good in theory. But like virtually every regulation that has come from the EPA since Obama took office, critics point to the law as an example of the Obama administration claiming to help improve the environment when in fact, it is assaulting industry. The law tried to put in place standards that were too high and a time-line for implementation that was too short. Ultimately, because of the expenses involved, many plants had no ability to comply.

The District of Columbia Circuit Court of Appeals agreed. In a 2-1 decision, the Court ripped into the EPA, ruling – no surprise here – it had overstepped its authority.

The EPA can abide by the ruling, appeal it or develop new parameters.


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