Federal court rules against Oklahoma, OG&E on EPA pollution plan

10th U.S. Circuit Court of Appeals ruled the Environmental Protection Agency was within its authority to reject a state pollution-control plan for Oklahoma power plants.
BY ROBERT E. BOCZKIEWICZ Modified: July 19, 2013 at 9:10 pm •  Published: July 20, 2013
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DENVER — A divided appeals court Friday upheld a costly federal plan opposed by Oklahoma Attorney General Scott Pruitt and Oklahoma Gas and Electric Co. to reduce pollutants from two Oklahoma power plants.

The 10th U.S. Circuit Court of Appeals ruled 2-1 that the U.S. Environmental Protection Agency was within its authority to reject a state pollution-control plan for the plants and instead impose a more stringent plan.

The coal-burning plants near Pawnee and Muskogee emit large amounts of pollutants that cause haze and damage air quality in a multistate region. The emissions are subject to EPA regulations for haze and other types of pollution under the federal Clean Air Act.

“We conclude that the EPA has authority to review the state's plan and that it lawfully exercised that authority in rejecting it and promulgating its own,” Chief Judge Mary Beck Briscoe and Judge Carlos Lucero stated in a 51-page decision.

The EPA contends it had a duty to impose its plan because the state plan did not meet federal standards to adequately control emissions.

Pruitt and OG&E had asked the Denver-based court to overturn the EPA plan, contending the agency usurped the state's authority and that the plan will require unnecessary, sizable expenditures on scrubber technology.

The EPA plan would cost the utility, and ultimately its customers, much more than the state plan. Pruitt and OG&E contend the EPA plan would cost more than $1 billion in the next five years. EPA contends that figure is grossly exaggerated.

At issue in the case are parts of the federal Clean Air Act meant to protect visibility at certain national parks and wildlife areas.

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We conclude that the EPA has authority to review the state's plan and that it lawfully exercised that authority in rejecting it and promulgating its own.”

Chief Judge

Mary Beck Briscoe and

Judge Carlos Lucero,

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