|Gardere Houston Attorney Richard Faulk says Rulings Limit EPA’s Clean Air Act Scope|
|August 29, 2012 7:42 am|
After two defeats in the nation's appellate courts in less than a week, the Environmental Protection Agency is learning that it can enforce – but not expand – its statutory role in administering the Clean Air Act. Houston attorney Richard O. Faulk, chair of the Litigation Department at Gardere Wynne Sewell LLP, welcomes the developments, noting that it is "high time" that the EPA learned that its powers as an "unelected bureaucracy are limited by the people's elected representatives in Congress." As these court decisions recognize, Congress insisted that EPA and the states work cooperatively to control air pollution, says Faulk. Unless the EPA wants to try its luck with the U.S. Supreme Court, it now must "collaborate and defer to state expertise," according to Faulk. "The EPA should now sit down and talk with the states – instead of leading with a sledgehammer. The EPA can tell you there's a problem, but nothing allows them to tell you how to fix it. That's the responsibility of each individual state." For more information, contact Rhonda Reddick at 800-559-4534 or firstname.lastname@example.org.
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