Supreme Court Ruling Upholds Power Plant Emissions Limits

On 4-29-14, the SCOTUS voted to uphold an EPA rule to limit power plant pollution.
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In 2011, the EPA adopted a rule that sought to limit emissions from power plants that cause smog and soot—which then drifts into the sky, crossing state lines and polluting the air in downwind states. On Tuesday, April 29, 2014, the Supreme Court voted 6-2 in favor of upholding a previous ruling that upheld the EPA’s rule.

The rule had been contested by upwind and industrial states that were producing more smokestack pollution than the rule allowed for. They asserted that the rule was just the next step in trying to strong-arm out coal-fired power plants, which are notorious for their pollution levels.

Gina McCarthy, EPA Adminsitrator, said the ruling by the Supreme Court was “a resounding victory for public health and a key component of EPA’s efforts to make sure all Americans have clean air to breathe.”

Sulfur dioxide and nitrogen oxide are two of the most common pollutants let off by power plants and can travel long distances, mixing with other substances along the way. This often results in what is commonly known as “smog” or soot, and because the pollutants follow wind patterns, cities plagued with this smog often have no ability to reduce it.

“The Supreme Court today laid rest to the well-worn issue of how to regulate air pollution that is transported hundreds of miles throughout the eastern U.S. and that makes it nearly impossible for states acting along to protect the health and welfare of their citizens,” said Bill Becker of the National Association of Clean Air Agencies. The EPA estimates that the ruling will prevent more than 30,000 premature deaths and result in hundreds of billions of dollars in health care savings.

Of course, not everyone is happy about the ruling. Power plants affected by the rule will have to spend $800 million annually in 2014 to comply with the standards, according to the EPA’s own estimates.