DC Circ. Kills EPA Air Rule, Making Room For State Input

Law360, New York (August 21, 2012, 9:44 PM EDT) -- The D.C. Circuit on Tuesday struck down a U.S. Environmental Protection Agency rule requiring 28 states to cut power plant emissions that cross their borders, in a decision that could push the EPA to give states greater say in implementing national air quality standards.

In a 2-1 ruling, the appeals court vacated the EPA’s Cross-State Air Pollution Rule, holding the EPA ran afoul of the Clean Air Act by requiring states to reduce more pollution than necessary and by denying states the opportunity to set up...
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