WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) today praised the decision of the U.S. Court of Appeals for the District of Columbia that the Environmental Protection Agency (EPA) exceeded its statutory authority with the Cross State Air Pollution Rule (CSAPR). With the 2-1 decision, the court dismissed the Obama Administration’s regulation that would have forced utility providers in Kansas to choose between providing adequate power and facing criminal penalties, or cutting power and running afoul of reliability laws because states and utilities were only given 180 days to comply with the new emissions standard.
“By striking down CSAPR, today’s ruling will provide homes and businesses with continued affordable, reliable energy,” Sen. Moran said. “The court’s decision is in line with what we’ve been saying from the start: Under CSAPR, states like Kansas were given inadequate time to comply with the new emissions standards. Rather than a compliance schedule of 5 years, like other states, they were only given a few months. Kansas utilities are making great progress toward improved air quality and reducing their emissions voluntarily, and they have agreed to reduce them further, but CSAPR ignored the utilities’ good faith efforts without giving sufficient time to comply. I am pleased that the court has recognized that states need more time to make the appropriate changes.”
Earlier this year, Sen. Moran and U.S. Senator Pat Roberts (R-Kan.) introduced a bill, S. 2300, to give states like Kansas adequate time to comply with the emissions reduction standards set forth by the EPA in CSAPR. Their bill supports utilities’ efforts to reduce emissions, while also preventing a significant disruption of service for millions of consumers. Congressman Mike Pompeo (R-Kan.) introduced identical companion legislation, H.R. 4387, in the U.S. House of Representatives.