Sen. Carper Disappointed by Court Decision to Vacate EPA’s ‘Good Neighbor’ Clean Air Rule

WASHINGTON – Sen. Tom Carper (D-Del.), Chairman of the Senate Subcommittee on Clean Air and Nuclear Safety, issued the following statement regarding the United States Court of Appeals for the District of Columbia Circuit decision to vacate the U.S. Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule. The Cross State Air Pollution Rule attempted to ensure all states are good neighbors by making sure states cleaned up their air pollution that drifted across their borders, which poses significant risks to public health in Northeast.

“I’m very disappointed in the court’s decision to vacate the Environment Protection Agency’s Cross-State Air Pollution Rule. The Cross-State Air Pollution rule – or “Good Neighbor” rule –was crucial for the health of citizens like those in Delaware, who live in a state that has cleaned up its harmful air pollution, but still are forced to live with their neighbor’s dirty air. This is the second time the courts have thrown out the Environmental Protection Agency’s attempt to deal with interstate air pollution. I encourage the Administration to appeal the decision. In the meantime, as Chairman of the Clean Air and Nuclear Safety Subcommittee in the Senate, I will be working with this Administration, the impacted states and my colleagues to ensure we find a swift solution to ensure all states do their fair share to clean up our air if that appeal is not successful.”

The Cross State Air Pollution Rule was EPA’s attempt to replace the Clean Air Interstate Rule which also addressed interstate air pollution and was remanded by the same court in 2008. The Clean Air Interstate Rule will continue to stay in place as the EPA deliberates on how to move forward.