EPA May Not Agree With Expanded Ozone Transport Region

Law360, New York (January 10, 2014, 2:05 PM EST) -- After the D.C. Circuit's vacatur of the Cross-State Air Pollution Rule ("CSAPR") in August 2012, regulation of interstate transport of air pollution has been in a state of flux. While U.S. Environmental Protection Agency's appeal of the D.C. Circuit's decision is pending in the U.S. Supreme Court, downwind states and municipalities have taken steps under the Clean Air Act to force the EPA to address interstate transport. Meanwhile, the EPA has also been working on a new interstate transport policy in case it loses its appeal in EPA v. EME Homer City Generation....

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