Replacing CAIR With The Cross-State Air Pollution Rule

Law360, New York (September 21, 2011, 12:49 PM EDT) -- On July 6, 2011, the U.S. Environmental Protection Agency issued its final Cross-State Air Pollution Rule ("CSAPR" or "Final Rule") pursuant to Section 110(a)(2)(D)(i)(I) of the Clean Air Act, 42 U.S.C. § 7410(a)(2)(D)(i)(I).[1] The CSAPR requires significant reductions of emissions of sulfur dioxide ("SO2") and nitrogen oxide ("NOx") from power plants in 27 states in the eastern half of the U.S. that, according to the EPA, contribute to "downwind" ozone or fine particle pollution in other states.

The EPA estimates that the CSAPR will achieve a...
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