Dems want Obama to appeal ruling that nixed emissions rule

By Ben Geman - 08/21/12 02:03 PM ET

A pair of senior Capitol Hill Democrats is urging the Obama administration to appeal a Tuesday federal court ruling that struck down a major rule to cut power plant pollution.

But other lawmakers applauded the appellate decision to vacate Environmental Protection Agency’s Cross-State Air Pollution Rule, underscoring political divides over the White House's green agenda.

“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,” said Sen. Tom Carper (D-Del.) in a statement.

Rep. Edward Markey (D-Mass.), a senior member of the House Energy and Commerce Committee, similarly urged the administration to “appeal this misguided decision by the courts so that Massachusetts and other states impacted by harmful emissions from old, polluting coal plants can clean up their air.”

The U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision released Tuesday, sent EPA back to the drawing board on the rule to curb soot- and smog-forming pollution from more than two dozen states in the eastern half of the country.

Environmentalists say the rule provides vital public health protections, while critics call the measure too aggressive, alleging it will impose economic burdens.

Sen. Rand Paul (R-Ky.), who sponsored an unsuccessful resolution to overturn the regulation, cheered the court decision.

“I will continue to use the resources at my disposal to fight against an out-of-control EPA overreach into the rights of states and the lives of citizens,” he said in a statement.

Sen. James Inhofe (R-Okla.), the top Republican on the Environment and Public Works Committee, also called the decision good news, and alleged EPA has an “extremist agenda.”

“I am pleased that the courts have reined in EPA on this illegal, flawed rule,” he said in a statement. “With [the Cross-State Air Pollution Rule], EPA moved too far too fast, setting unrealistic deadlines for states to meet its stringent requirements.”