CBF Statement on Appeals Court Ruling Against EPA in “Bad Neighbor Rule” Case

(WASHINGTON, DC)—The D.C. Circuit Court of Appeals today ruled against EPA in the “Bad Neighbor Rule” case. The Chesapeake Bay Foundation (CBF) was a party to the case, the State of New York, et al, v U.S Environmental Protection Agency.

The case challenged EPA’s decision to require no additional action by up-wind power plants to reduce pollution damaging air quality in downwind states. Ariel Solaski, CBF’s litigation attorney, issued this statement following the decision.

“The Court ruled that EPA’s decision not to expeditiously require upwind states to reduce pollution that damages air and water quality in downwind states was wrong. This pollution contributes to ozone and is a threat to both human health and water quality. The Court decision clarifies that EPA and upwind states must do more.
“EPA abdicated its responsibility to comply with the Clean Air Act. This ruling is a victory for clean air, human health, and water quality.
“It is important here in the Chesapeake Bay region, where air pollution supplies roughly a third of the nitrogen pollution damaging the Chesapeake Bay. By throwing out the rule, CBF expects nitrogen pollution from upwind sources to be reduced, helping to meet the goals of the Chesapeake Clean Water Blueprint, designed to restore the Chesapeake Bay, a national treasure.”

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