Release from the Kansas Attorney General's Office:
TOPEKA – (January 25, 2013) – Kansas Attorney General Derek Schmidt today announced that a federal appeals court in Washington, D.C., has left in place an earlier ruling that blocks a controversial new EPA air regulation.
The full Court of Appeals for the District of Columbia Circuit yesterday left intact an August ruling by a three-judge panel of the court blocking the Environmental Protection Agency’s new Cross-State Air Pollution Rule. The court’s order blocking EPA from implementing the regulation now goes into effect and could be subsequently overturned only if the United States Supreme Court decided to review the case.
Kansas led more than a dozen states in challenging the new regulations as exceeding the authority EPA was granted by Congress.
Attorney General Schmidt said the ruling is good news for Kansas homeowners and other utility ratepayers.
“This regulation would have imposed substantial additional costs on Kansas ratepayers with no significant environmental benefit for Kansas,” Schmidt said. “This affirmation by the full appeals court is good news for Kansas.”
The case is EME Homer City Generation v. EPA.