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State Loses EPA Challenge
Updated April 30, 2014 6:37 AM | Filed under: Environmental
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(UNDATED) - Indiana has lost a challenge to new federal pollution rules holding states responsible for smog and soot emissions that cross state lines.

Indiana had joined Texas and 12 other states in a lawsuit arguing the EPA regulation violates the Clean Air Act by not giving states a chance to calculate how much pollution they're responsible for. The rule instead parceled out responsibility among states through a formula based not on the amount of emissions but on cost.

A federal appeals court sided with the states, but a 6-2 Supreme Court majority ruled calculating state-by-state emissions precisely is both impossible and a step beyond what the Clean Air Act requires.

Indiana Attorney General Greg Zoeller says he hasn't had a chance to study the Tuesday morning ruling. He says the ruling may still leave some Indiana-specific issues resolved.

And Zoeller says the ruling shouldn't affect a second Supreme Court case in which Indiana is taking on the EPA. The court heard arguments in February in a challenge to the agency's attempt to use the Clean Air Act to regulate greenhouse gas emissions. Indiana is among 13 states challenging that rule.



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