- The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 on Tuesday to strike down an Environmental Protection Agency regulation to control air pollution in the eastern United States.
- The three-judge panel ruled that the EPA exceeded its authority under the Clean Air Act in two different ways and the cross-state air pollution rule was remanded back to the agency for rewriting.
- A similar rule enacted under the George W. Bush administration will remain in effect while the EPA fixes the rule.
- While the court ruling is unlikely to have a big impact on the presidential election, EPA’s critics will point to it as evidence the agency is overreaching in its environmental authority.
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