Statement of Governor Markell Regarding Appeals Court Decision on Cross-State Air Pollution Rule

Wilmington – Governor Jack Markell issued this statement today in response to a decision by U.S. Court of Appeals for the D. C. Circuit, which vacated the Cross-State Air Pollution Rule (CSAPR), ruling that the EPA exceeded its statutory authority in promulgating the rule.

“The Cross-State Air Pollution Rule would have reduced emissions from dirty power plants in upwind states that contribute more than 90% of the air pollution that Delawareans breathe. Today’s decision impedes EPA’s efforts to address this inequity, despite clear responsibilities for EPA in the Clean Air Act to address transport and good neighbor provisions. Delaware has already cleaned up all of its power plants but, as a result of the Court’s decision, Delawareans will continue to suffer from uncontrolled pollution from upwind states. I urge the Administration to appeal this decision.”