Blog
U.S. Supreme Court Upholds CSAPR and Continues to Afford EPA Discretion to Implement Clean Air Act
Blog
May 7, 2014
On April 29, 2014, the United States Supreme Court upheld EPA’s Cross-State Air Pollution Rule (CSAPR) in the EPA v. EME Homer City Generation, L.P. case on appeal from the D.C. Circuit Court of Appeals. The majority held that (1) the Clean Air Act (CAA) does not command EPA to give states a second opportunity to submit a State Implementation Plan after EPA quantifies the interstate pollution obligations of the states before implementing reductions through a federal implementation plan; and (2) the CAA Good Neighbor provision does not dictate proportional allocation of emissions reductions to satisfy interstate pollution obligations.
This entry has been created for information and planning purposes. It is not intended to be, nor should it be substituted for, legal advice, which turns on specific facts.