EPA appeals court ruling on pollution rule

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Associated Press

Posted on October 5, 2012 at 12:02 PM

Updated Friday, Oct 5 at 12:05 PM

WASHINGTON (AP) — The Obama administration is appealing a federal appeals court ruling that overturned its regulation clamping down on power plant pollution that contributes to unhealthy air in neighboring states.

A divided three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia said in August the Environmental Protection Agency's cross-state air pollution rule exceeded EPA's authority.

The EPA asked Friday that the case be reconsidered by the entire appeals court, which has eight active and five senior judges. The agency said the panel had rewritten clear legislation, ignored jurisdictional limits, and waded into matters that Congress and the courts have left to the technical expertise of agencies.

The panel faulted the EPA for imposing "massive emissions reduction requirements" on upwind states without regard to limits imposed by law.

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