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Regional Groups Call For Appeal of Court Decision Setting Aside an EPA Air Pollution Rule

Environmental, conservation and health groups in the region are calling for an appeal of a court decision this week that overturned the Cross-State Air Pollution Rule.

The Environmental Protection Agency’s Cross State Air Pollution Rulewould protect states downwind of coal-fired power plants by requiring deep cuts in emissions from those plants. Finalized in July, 2011, the rule had been legally challenged.  On Tuesday, the US District Court of Appeals struck down the Rule.  Two of the three judges said the rule goes too far and is usurping states’ rights.  But the third judge said the majority’s decisionwas trampling on precedent and said the decision was “...based on the court’s own notions of absurdity and logic that are unsupported by a factual record...”.  The Adirondack Council is calling on the Obama Administration to appeal the federal court decision.  Deputy Director Diane Fish says the new regulation would have meant significant cuts in sulfur and nitrogen emissions.

American Lung Association of the Northeast Vice President of Public Policy and Communications Michael Seilback says the ruling against the Cross State Air Pollution Rule is also a setback for public health.

Seilback says many were surprised that the court overturned the rule.

Calls to industry and power plant representatives, including the petitioner, the Homer City Generation/Edison Mission Group, were not returned in time for this broadcast.