EPA Asks High Court To Hear Cross-State Air Rule Appeal

Law360, New York (April 9, 2013, 8:19 PM EDT) -- The U.S. Environmental Protection Agency is asking the nation's highest court to reinstate a cross-state air pollution rule that was overturned by the D.C. Circuit in August, arguing that the Clean Air Act allows the agency to force 28 states to cut emissions that pass state lines.

Filing a petition for writ of certiorari on March 29, the EPA said the D.C. Circuit ignored the agency's responsibility to act under the CAA when states develop inadequate emissions reduction plans.

The appeals court also misconstrued the CAA...
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