The
E.P.A. rule, announced by President Obama on June 2, is aimed at
slashing carbon emissions from coal-fired power plants, the nation’s
largest source of planet-warming pollution. Under the rule, each state
would have to design and submit a plan to cut carbon pollution, which
must then be approved by the E.P.A.
The
states’ lawsuit contends that the E.P.A. lacks legal authority in the
matter. The agency wants to release the final rule under the terms of
the Clean Air Act,
which requires the federal government to regulate all substances
defined as pollutants. The E.P.A. determined in 2009 that carbon dioxide
met the definition of a pollutant, a decision that has withstood
numerous legal challenges.
But
the states say that the E.P.A. may not issue separate regulations on
power plants using different sections of the Clean Air Act.
In
2011, the E.P.A. issued regulations governing mercury emissions; thus,
the plaintiffs say, it does not have the authority to issue a new
regulation on carbon emissions from the same power plants.
ED: What Global Warming ????
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