The Circuit Court in the District of Columbia has ruled that
States can impose their own air
quality monitoring requirements for major air pollution. The
suit was the Sierra Club vs the EPA. The feds haven't
indicated if they will appeal the decision yet.
The ruling had to do with the right of states to monitor
smoke-stack emmissions from refineries, coal fired power plants,
and the like. I can envision it being very useful for
intra-state emmission monitoring. Maryland, for instance,
has a State EPA (MEPA) charged with monitoring pollution from
industry among other things. However, it will be
interesting to see if this right extends across state lines.
For instance, could Pennsylvania monitor the smoke stacks in
Michigan, even if Michigan doesn't? Could Pennsylvania
sue an electric utility based in Michigan for EPA air quality act
violations? Pollution doesn't obey borders...
I smell a Supreme Court Case in the not too distant future.
Court Rules for State's Rights on Air Quality
The Circuit Court in the District of Columbia has ruled that States can impose their own air quality monitoring requirements for major air pollution. The suit was the Sierra Club vs the EPA. The feds haven't indicated if they will appeal the decision yet.