Rutledge v. EPA, again | Arkansas Blog

Tuesday, August 11, 2015

Rutledge v. EPA, again

Posted By on Tue, Aug 11, 2015 at 5:38 PM

Attorney General Leslie Rutledge, who is driven by animosity toward the Environmental Protection Agency and the Clean Air Act, announced today that Arkansas will join 16 states in challenging the EPA's rejection of state power plant startup, shutdown or malfunction plans.

“Once again, the EPA is choosing to put the political interests of the Sierra Club ahead of Arkansans,” Rutledge says in a press release from her office.

From her press release:

The States, led by Florida, have filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit asking the Court to review the EPA’s final rule. Besides the clear violation of State’s rights enumerated in the Clean Air Act, the final rule also stands to stall or reverse progress already achieved in improving air quality in each State.


The Sierra Club petitioned the EPA to close a loophole that lets states allow power plants to release pollution far above the limit during startup, shutdown or malfunctions. Read more about the issue here.

On Aug. 5, Rutledge joined 15 states asking the EPA to stay its Clean Power Plan pending legal action.

The full release is on the jump. 

August 11, 2015
FOR IMMEDIATE RELEASE

Rutledge Joins 16 States in Challenging the EPA’s Rejection of Plans Regarding Startup, Shutdown or Malfunction of Power Plants
Says, ‘the EPA is completely ignoring the scope of the Clean Air Act’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today announced that she has joined Florida Attorney General Pam Bondi in a 17-State coalition to challenge the U.S. Environmental Protection Agency (EPA) for illegally invalidating the individual air quality protection plans in those States. In June, the EPA issued a final rule requiring 35 States, including Arkansas, to revise their individual State Implementation Plans (SIP) governing excess emissions during startup, shutdown or malfunction.

The States, led by Florida, have filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit asking the Court to review the EPA’s final rule. Besides the clear violation of State’s rights enumerated in the Clean Air Act, the final rule also stands to stall or reverse progress already achieved in improving air quality in each State.

“Once again, the EPA is choosing to put the political interests of the Sierra Club ahead of Arkansans,” said Attorney General Rutledge. “In yet another ‘sue and settle’ case, the EPA is rushing to appease the interests of the Sierra Club and force 35 States to alter their SIPs even though the plans are already succeeding. The EPA is completely ignoring the scope of its authority under the Clean Air Act in order to force another overreaching rule on Arkansans.”

For decades, States have ensured compliance with the standards set for startup, shutdown or malfunction through their individual SIPs.

The EPA’s final rule illegally requiring the states to change their previously approved SIPs came after the Agency agreed to settle a lawsuit brought by the Sierra Club. The EPA’s rush to settle the matter has led the agency to adopt an illegal final rule that is in conflict with the Clean Air Act and infringes on Arkansas’s right to determine the most effective strategy for achieving air quality standards.

The Clean Air Act establishes a cooperative-federalism approach to regulating the nation’s air quality and dictates that the EPA has the primary responsibility to identify air pollutants that pose a threat to public health. Through the Act, the EPA is charged to set national air quality standards, but the Act gives States the primary responsibility to determine how to achieve those standards.

In addition to Arkansas and Florida, Alabama, Arizona, Delaware, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Ohio, Oklahoma, South Carolina, South Dakota and West Virginia have also joined this challenge.

Tags: , , ,

From the ArkTimes store

Favorite

Comments (17)

Showing 1-17 of 17

Add a comment

 
Subscribe to this thread:
Showing 1-17 of 17

Add a comment

More by Leslie Newell Peacock

  • Fountain Fest sculpture reveal tonight at the Arts Center

    You'll have to go to the Arkansas Arts Center's Fountain Fest tonight to see how Polk Stanley Wilcox Architects' winning sketch was carried out as the temporary sculpture in the Carrie Remmel Dickinson fountain. The party, with food, drink and music, gets going at 5:30 p.m.
    • Oct 19, 2017
  • Blue Canoe to open new brewing and gaming space

    Blue Canoe Brewing Co. is opening a 20,000-square-foot brewing and gaming space at 1637 E. 15th St., the old PC Hardware warehouse. Macie Fellows, who described herself as a “brand ambassador,” said the space, which Blue Canoe has remodeled “from the ground up,” will be Blue Canoe’s primary brewery.
    • Oct 11, 2017
  • Apartment project announced for SoMa

    The Lasiter Group announced today that it will build a 35-unit apartment complex in the 1300 block of Scott Street called the Villa View. The development, on the west side of Scott, will face the historic Villa Marre. The project should be complete by the end of 2018.
    • Oct 6, 2017
  • More »

Readers also liked…

  • Auditor Lea caught not telling the truth

    State Auditor Andrea Lea, who began her tenure in statewide office with a degree of competence unseen in some other Republican counterparts (think Treasurer Dennis Milligan particularly), is becoming more deeply mired in a political scandal.
    • Mar 4, 2016
  • Donald Trump declares war on Hillary Clinton's marriage

    Donald Trump gave a remarkable interview to the New York Times yesterday in which he declared open season on the marriage of Bill and Hillary Clinton and Bill Clinton's past infidelity. Seems like a loser, but I've been wrong before.
    • Oct 1, 2016
  • Another Republican miracle-working governor

    Great piece in Washington Post on the budget crisis in Louisiana. Big tax cuts and corporate welfare will do that to a state, particularly to a state whose previous governor, Republican Bobby Jindal, refused to join the Obamacare-funded Medicaid expansion. There's a lesson there for Arkansas.
    • Mar 4, 2016

Most Shared

Most Viewed

Most Recent Comments

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation