The Supreme Court in a 6-2 decision Tuesday upheld a rule that allows the Environmental Protection Agency to regulate air pollution from power plants that crosses state lines, handing a major victory to President Obama.
The rule requires 28 states in the East, Midwest, and South to cut back on sulfur and nitrogen emissions from coal-fired power plants that “contribute significantly” to air problems in other states.
The EPA finalized the pollution rule in 2011, but the D.C. Circuit Court of Appeals struck it down last year, after a challenge from 15 upwind states and utilities.
Opponents of the regulation argued that, until the EPA fills in the blank on what “contribute significantly” means, they cannot adequately regulate or enforce the pollution rule, leaving states to guess.
Opponents said the ruling would embolden the administration to exercise broader regulatory powers.
“The administration’s overreaching regulation will drive up energy costs and threaten jobs and electric reliability,” Rep. Ed Whitfield (R-Ky.) said in a statement. “We cannot allow EPA’s aggressive regulatory expansion to go unchecked.”
Whitfield said the House Energy and Commerce Committee would do everything in its power to keep the administration from overreaching.
A number of energy companies also said they were concerned by the ruling.
The industry-backed Electric Reliability Coordinating Council said it is “essential for the EPA to remain flexible” with states when implementing the cross-state air pollution regulation.
“As we stand at the precipice of new carbon regulations, we are concerned that EPA may be emboldened to take actions that undermine cooperation with the states. If they so do, there could be severe consequences for electric reliability and affordability,” Scott Segal, director of the electric council, said.