Whichever Way The Wind Blows: The EPA's Transport Rule
January 24, 2014, 7:00 PM EST
Law360, New York (January 24, 2014, 7:00 PM EST) -- This term, the U.S. Supreme Court is considering challenges to the U.S. Environmental Protection Agency’s regulation of interstate air pollution, that is, pollution that originates in one state and travels across state lines impacting air quality in other, downwind states. The challenges are before the court in two consolidated cases, EPA v. EME Homer City Generation and American Lung Association v. EME Homer City Generation.
In these cases, certain states, municipalities and coal and power companies are opposing the EPA’s Cross-State Air Pollution Rule ("transport rule")....