EPA Won't Be Fighting Interstate Pollution With CSAPR

Law360, New York (August 30, 2012, 5:01 PM EDT) -- On Aug. 21, 2012, the United States Court of Appeals for the District of Columbia Circuit, in a 2-1 split decision, vacated the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule (CSAPR, or the transport rule), which regulates emissions from upwind states that contribute to air quality problems in downwind states. EME Homer City Generation v. EPA, No. 11-1302 (D.C. Cir. Aug. 21, 2012).

The court, in an opinion written by Judge Brett Kavanaugh and joined by Judge Thomas Griffith, held that the EPA exceeded its...
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