Cross-State Air Battle Hinges On Justice Kennedy

Law360, New York (December 6, 2013, 8:17 PM EST) -- As the U.S. Supreme Court hears oral arguments on Tuesday examining the federal government's power to regulate air pollution across state lines, experts say both sides will be focused on swaying Justice Anthony Kennedy, who will likely once again cast the deciding vote in a critical environmental case.

The U.S. Environmental Protection Agency, downwind states, and public health and environmental groups are asking the high court to overturn a 2012 D.C. Circuit decision striking down the EPA's Cross-State Air Pollution Rule, or CSAPR, after finding the...
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