On July 28, 2015, the US Court of Appeals for the D.C. Circuit remanded part of the Cross-State Air Pollution Rule (CSAPR) to USEPA for reconsideration, finding that the Agency had erred in 2014 sulfur dioxide and ozone budgets for 13 states. The next opportunity to influence outcome will be US EPA’s rulemaking process for re-setting … Continue Reading
On April 29, 2014, the U.S. Supreme Court issued a 6-2 opinion reversing the D.C. Circuit Court of Appeals and reinstating the U.S. EPA’s promulgation of the Cross-State Air Pollution Rule (“CSAPR”), which regulates the inter-state transport of NOx and SO2 emissions in implementing the “Good Neighbor Provision” in the Clean Air Act. A centerpiece … Continue Reading
On December 10, 2013, the US Supreme Court heard oral argument in consolidated appeals by US EPA and the American Lung Association regarding the Cross-State Air Pollution Rule (CSAPR) in EPA v. EME Homer City Generation L. P. CSAPR is US EPA’s second attempt at developing a rule to address the Clean Air Act’s “good neighbor” … Continue Reading
The US Supreme Court has decided to hear USEPA’s challenge to the invalidatition of the Cross State Air Pollution Rule (CSAPR) by the DC Circuit in EME Homer City Generation L.P., et al, v. EPA. The CSAPR requires 28 states to reduce power plant emissions that contribute to the “downwind” transport of ozone and fine particulate matter pollution … Continue Reading
