A three-judge panel has voted two to one to strike down a new rule from the Environmental Protection Agency that would require some states to reduce pollution that travels across state lines. This puts the EPA in a difficult position.
Environmental groups have filed suit in federal court in an effort to get the Environmental Protection Agency to stiffen rules regulating air pollution. The EPA finalized the Cross-State Air Pollution rule last summer, to crack down on several states—including Kentucky—that both send pollution across state lines and are affected by pollution from other states. That rule has been challenged by several states and industry groups, and is held up in court.