Your state is polluting my state’s air- what are you gonna do about it?

The Supreme Court has agreed to hear arguments on the EPA’s ability to force state governments to curb local emissions that pollute the air of neighboring states. Under review is the 2011 Cross-State Air Pollution Rule (CSAPR). The CSPAR requires 28 states to significantly improve air quality by reducing power plant emissions that cross state lines and contribute to ozone and fine particle pollution in other states.

Supporters of the rule say it would avert the loss of nearly 2 million work and school days each year to respiratory illnesses. Business groups say the rule would cost $800 million in 2014 and be otherwise economically harmful.

In a nutshell: States are required to clean their air and keep it clean. But if pollution is coming from some other state, at what point is that state responsible to help clean the impacted state’s air? That’s the question the EPA is attempting to answer with this rule.

The full report can be found here. A quick briefing of the rule is here, plus a quick synopsis of why EPA and others are asking SCOTUS to a previous D.C. appeals court ruling that invalidated it. The wind blows in all directions.   There are also several articles about this, one in the Economist and another here. Both highlight cost perspectives compared to impact. It’s an interesting concept, one I hope to see get some footing and help mitigate air pollution in general.

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