Yesterday’s 2-1 rebuke from the D.C. Circuit marks the 15th time that a federal court has struck down an Obama regulation. It is the third court ‘smack-down’ of regulatory overreach by the Obama EPA this year.

EPA caught overreaching once again.

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia  Circuit said the Cross-State Air Pollution Rule rule targeting emissions from coal-fired power plants “exceeds  the agency’s statutory authority” by requiring some states to clean up more than their fair share of pollution.

This rejection of  the Environmental Protection Agency’s  latest over-reach will

  • Avoid a projected cost of $2.7 billion
  • Help keep utility costs affordable for U.S. manufacturers
  • Provide a respite  short-term lifeline for aging coal-fired power plants
  • Maintain employment of thousands of workers
  • Add yet another substantive issue  of regulations vs. jobs to the presidential campaign.

The recent report of U.S. Greenhous Gas Emissions falling as GDP grew shows how market solutions, rather than heavy handed regulatory dictates actually can  achieve desired environmental outcomes.

In 2011, GDP grew by 1.8 percent, but emissions decreased by 2.4 percent (136 million metric tons). This indicates that the carbon intensity of the economy declined by about 4.2 percent.

WSJ Discussion of Cross State Air Pollution Rule

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