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Aug 17, 2015

EPA’s Cross-State Air Pollution Rule Affirmed by DC Circuit

In a unanimous ruling, the U.S. Court of Appeals for the D.C. Circuit largely affirmed EPA’s Cross-State Air Pollution Rule (CSAPR) on July 28. EPA v. EME Homer City Generation, L.P. (D.C. Cir. July 28, 2015). CSAPR is the emissions trading program to address interstate pollution from power plants.  The case was on remand to the D.C. Circuit from the Supreme Court, which largely upheld the rule in 2014.  The D.C. Circuit still had to rule on several objections to CSAPR from industry and some states. In an opinion by Judge Brett Kavanaugh, the court upheld several principles underlying CSAPR, such as… Read more