A federal appeals court has put on hold an Environmental Protection Agency regulation aimed at reducing air pollution in Missouri, drawing criticism from environmentalists but praise from the state's attorney general who called the proposal 鈥渦nconstitutional overreach.鈥�
Republican Attorney General Andrew Bailey announced Wednesday that the Eighth U.S. Circuit Court of Appeals last week granted his request for a stay, preventing the EPA from imposing the regulation until the appeals process plays out. It was not immediately clear if the EPA would appeal. A message left Thursday with a spokesperson was not immediately returned.
At issue is a 鈥済ood neighbor鈥� provision of the Clean Air Act which requires states to submit a plan detailing how they will address air pollution from sources like power plants and industrial facilities that can drift to neighboring states. The EPA deemed Missouri's proposal inadequate and in March finalized its plan for the Ozone National Ambient Air Quality Standard.
鈥淭he court has thankfully put on hold the attempt by Biden鈥檚 EPA to unlawfully expand the federal government鈥檚 authority, displace Missouri鈥檚 ability to set our own energy policy, and force Missouri consumers to pay higher prices,鈥� Bailey said in a news release. 鈥淲e will always stand in the gap to protect Missourians against the federal government鈥檚 unconstitutional overreach.鈥�
Jenn DeRose, Missouri campaign representative for the Sierra Club's Beyond Coal Campaign, noted that St. Louis is in the midst of several straight days with dangerously high ozone levels. Meanwhile, DeRose said, Bailey 鈥渢ook to Twitter to celebrate this disastrous decision as the children in our community had to start their summer with a higher risk of coughing, asthma attacks, and chest pain."
The appeals court issued its ruling without comment.
Jim Salter, The Associated Press
