The Environmental Protection Agency’s decision to reject Oklahoma’s air pollution plan and impose stricter standards was upheld Friday by the U.S. 10th Circuit Court in Denver.
“We conclude that the EPA has authority to review the state’s plan and that it lawfully exercised that authority in rejecting it and promulgating its own,” the appeals court wrote in its 2-1 decision, which is embedded above.
Oklahoma Attorney General Scott Pruitt and Oklahoma Gas & Electric had asked the appeals court to overturn the EPA’s plan to rein in pollution at two of the utility’s coal-fueled power plants. Pruitt and officials at OG&E said carrying out the EPA’s plan would be unnecessarily expensive and infringed on the state’s regulatory authority.
Pruitt and OG&E had asked the Denver-based court to overturn the EPA plan on grounds that the agency usurped the state’s authority and that the plan will require sizable expenditures on unnecessary technology.