3rd Circ. Invigorates Underused EPA Cross-State Air Power

Law360, New York (July 17, 2013, 7:54 PM EDT) -- By upholding the U.S. Environmental Protection Agency's ability to limit power plant emissions deemed to drift across state lines, the Third Circuit last week bolstered an infrequently used tool that experts say could provide a new path for significant cross-state air restrictions.

The EPA has struggled with efforts to implement wide-ranging rules for emissions that cross territorial borders. The agency's most recent attempt, the Cross-State Air Pollution Rule, was struck down by the D.C. Circuit last summer as too stringent and burdensome for states.

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