Environment, Education, Energy: Policy to People

Federal Appeals Court Rules Against Oklahoma and OG&E on Air Pollution Plan

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.

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  • Rob

    It’s amazing how often our state’s legal, ahem, “brain trust” is shocked that ANY federal agency has ANY authority and how that operating philosophy becomes the basis of nearly every costly, needless, unsuccessful court challenge.

  • 918Environmentalist

    This is exactly why the EPA exists, because if they didn’t this pollution would continue unchecked or increase to much higher levels than it is now. These companies are in the business of making money, not protecting human health and the environment. Pity is takes years and millions of dollars in legal fees to get a state and company to do what it should have done in the first place.

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