EPA Proposes Transport Rule to Address Interstate Air Pollution


On July 6, 2010, the United States Environmental Protection Agency (“EPA”) released a proposed rule designed to address the transport of certain air pollutants across state boundaries. Once finalized, the proposed rule, dubbed the “Transport Rule”, would replace the Clean Air Interstate Rule (“CAIR”), promulgated in 2005. Although still in effect, in 2008 CAIR was remanded to EPA by the U.S. Court of Appeals for the District of Columbia Circuit in North Carolina v. EPA. EPA anticipates that the Transport Rule will be finalized in the late spring of 2011.

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