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    Rutledge: Supreme Court Says the EPA Cannot Ignore Costs


    June 29, 2015

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge today released a statement in response to the U.S. Supreme Court’s decision in Michigan v. EPA, a case in which Arkansas was a party. The Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) must consider the economic costs of complying with the regulations it imposes.

    “Today is a victory for Arkansas’s economy and consumers as the Supreme Court reined in the EPA. We all want to protect the environment to make sure that we pass along clean air and clean water to future generations. I’m pleased the Supreme Court has ruled that the EPA cannot ignore the costs of those regulations it seeks to impose. As Justice Antonin Scalia indicated in his majority opinion, the Clean Air Act makes several mentions of costs, which should be one of the many factors the agency considers as it proposes new rules. The EPA’s own estimate of the cost of compliance with the challenged regulation was $9.6 billion per year, with only $4 to $6 million per year in benefits.

    “This ruling should serve as a reminder to the EPA that it is not above the law. Last month, the EPA put forward its unprecedented rule to expand its authority over numerous isolated bodies of water, a clear violation of the Clean Water Act. In addition, later this summer, the EPA is expected to finalize its Clean Power Plan, which will seek to impose illegal requirements on States and power plants. Both rules exceed the intent provided by Congress and will have devastating effects on Arkansas. In light of today’s ruling, I encourage the EPA to withdraw its WOTUS rule and carefully consider the legality of the Clean Power Plan.”

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