Panel throws out Particulate Matter Rule

A three-judge panel of the District of Columbia Circuit Court found the Environmental Protection Agency in violation of federal law by overstepping its authority with the Particulate Matter Rule.

“This fits in with the larger pattern of EPA pushing the law to the outer limits, breaking the law, and crushing our economy,” said Virginia Attorney General Ken Cuccinelli, who joined six other state attorneys general in challenging the rule in court in September 2011.

The court noted that the rule “imposed massive emissions reduction requirements,” and violated the law in two ways. First, it violated the federalism-based requirement that states are entitled to have the primary responsibility for determining how to meet EPA’s standards. Second, it exceeded EPA’s delegated authority, due to the fact that under the act a state is not obligated to reduce emissions below what it contributes to downwind states’ nonattainment.

“We are pleased and gratified to see another example of EPA’s egregious regulatory overreach has been stopped before it could do more harm,” Cuccinelli said.

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