Steel Institute Supports States' Supreme Court Challenge of EPA Plans

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For Immediate Release
March 5, 2014

WASHINGTON, D.C. – The American Iron and Steel Institute (AISI) today has asked the Supreme Court to review the Environmental Protection Agency (EPA) replacement of some states’ clean air implementation plans. Thomas J. Gibson, president and CEO, said that AISI today filed an amicus brief asking the Supreme Court to stop EPA from usurping state authority on new emission controls that are targeted to minimize “regional haze.” According to EPA, haze impacts visibility at national parks and other wilderness areas.

“This is clearly another case of EPA overreach,” Gibson said. “Because regional haze is an aesthetic regulation, and not a public health standard, Congress has emphasized that states should be the lead decision makers. However, EPA is using their rule on haze to force cumbersome and expensive federal restrictions on power production, mining and other activities that impact steel manufacturing -- even in states and counties with notably clean air.”

Today’s AISI Supreme Court brief states that, “EPA recently supplanted fourteen state regional haze plans with direct federal rules imposing its own preferences. Such actions undermine the federal-state balance of power struck by Congress. Given the looming prospect of nearly 150 state regional haze submissions over the next half-century, this Court’s immediate intervention is warranted to avoid a permanent expansion of federal power at the expense of the states.”

“States have a better understanding of the sources they regulate and are better suited to develop requirements that will further environmental goals while minimizing detrimental impacts to workers and jobs,” Gibson said.

Last summer, two circuit courts upheld EPA’s right to replace state authority on regional haze plans. Today’s Supreme Court filing seeks to have the Court consider overturning those decisions.

Read the full amicus brief filed with the United States Supreme Court.

Contact: Lisa Harrison
202.452.7115 / lharrison@steel.org

Click here for a PDF version of this release.

AISI serves as the voice of the North American steel industry in the public policy arena and advances the case for steel in the marketplace as the preferred material of choice. AISI also plays a lead role in the development and application of new steels and steelmaking technology. AISI is comprised of 23 member companies, including integrated and electric furnace steelmakers, and approximately 125 associate members who are suppliers to or customers of the steel industry. AISI’s member companies represent over three quarters of both U.S. and North American steel capacity. For more news about steel and its applications, view AISI’s website at www.steel.org.