On May 26, 2015, a federal appeals court dismissed Kansas' challenge of U.S. EPA's rejecting its air pollution plan for not taking enough action to reduce emissions that drift into downwind states.
The U.S. Court of Appeals for the District of Columbia Circuit said EPA acted "well within the bounds of its delegated authority" when it rejected Kansas' April 2010 state implementation plan. At issue is EPA's 2011 Cross-State Air Pollution Rule, or CSAPR, a regulatory regime for 28 Eastern states.
The program, which reached the Supreme Court last year, requires states to account for emissions that cause downwind states to fall into nonattainment of EPA air pollution health standards. Kansas utilities challenged EPA's decision to disapprove the state's 2010 state implementation plan (SIP) for complying with EPA's 2006 revised standard for fine particles, or soot. EPA officially disapproved of the plan in July 2011, saying that it lacked the technical analysis of how Kansas emissions affected downwind states. Kansas only conducted a one-page review of the "good neighbor" issue to conclude it would not influence other states falling out of attainment for other pollutants, such as nitrogen oxides. Further, EPA said its analysis found Kansas' emissions "significantly contribute to nonattainment and interfere with maintenance in other States."
The D.C. Circuit issued its ruling in a short memorandum, which said that many of Kansas' arguments were rejected by the Supreme Court last year.