Dive Brief:

• The U.S. Court of Appeals for the D.C. Circuit unanimously dismissed a lawsuit brought by Kansas which challenged the U.S. Environmental Protection Agency’s finding that the state did not sufficiently guard against cross-border pollution from its power plants.
• EPA's Cross-State Air Pollution Rule (CSAPR) is based on the “good neighbor” provision of the Clean Air Act, which requires states to consider how pollution will travel across borders.
• The Environmental Defense Fund hailed the decision as a victory for clean air in Kansas, as well as for millions of Americans who would be impacted by the state's emissions. 

Dive Insight:

A three judge panel from the D.C. Circuit Court voted unanimously to dismiss Kansas' challenge, ultimately finding that the EPA "acted well within the bounds of its delegated authority when it disapproved of Kansas’s proposed [state implementation plan]." The court is commonly referred to as the top federal appeals court in the nation, second only to the Supreme Court.

Kansas challenged the EPA when the agency determined the state's plan did not sufficiently protect communities downwind of the state's power plants. The Clean Air Act directs states to create implementation plans reducing pollution impacting neighboring states, but allows for the EPA to create a reduction plan if states do not.

“Today’s decision ensures healthier air for Kansans, and also ensures healthier air for families in the downwind communities that are afflicted by the dangerous pollution from power plant smokestack emissions in Kansas,” Tomas Carbonell, senior attorney for Environmental Defense Fund (EDF), said in a statement. The group was a party to the case.

Westar Energy, the Kansas City Board of Public Utilities and other parties brought the case in 2011. EDF notes that while CSAPR is already in effect, the D.C. Circuit court is still considering a few state-specific issues remanded by the Supreme Court.