Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more
May 15, 2014 -- David Schoenbrod, professor at New York Law School, talks about the recent ruling at the United States Supreme Court preserving the Environmental Protection Agency's power to regulate power plant pollution...more
The Supreme Court handed the Obama administration a victory on Tuesday, April 29, 2014, when it injected new life into an Environmental Protection Agency rule targeting air pollution that drifts across state borders....more
The D.C. Circuit added to federal air quality regulators’ winning streak on Friday, upholding a 2013 rule that revises air quality standards for fine particulate matter. The rule lowers the National Ambient Air Quality...more
On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). EPA v. EME Homer City Generation, L.P., No. 12-1182. In a 6-2 decision,...more
In EPA v. EME Homer City Generation L.P., the Supreme Court recently upheld regulations adopted by the EPA restricting the discharge of pollutants from coal plants that drift from Midwestern and Appalachian states to the East...more
Updates on Environmental, Administrative and Regulatory Law -
On April 29th, the United States Supreme Court upheld EPA’s Cross-State Air Pollution Rule (CSAPR) regulations and reversed the 2012 decision by the U.S....more
The Clean Air Act of 1970 (CAA) requires that states be “Good Neighbors” and regulate their in-state sources of pollution so that those sources do not “contribute significantly” to pollution in other states downwind. ...more
The Supreme Court Decision -
On April 29, 2014, the U.S. Supreme Court, in a 6-2 decision, upheld a U.S. Environmental Protection Agency's (EPA) regulation that seeks to lower cross-state air pollution. (EPA v. EME Homer...more
The US Supreme Court issued a strong 6-2 ruling on April 29, 2014 which upheld proposed EPA regulations to regulate air pollution that crosses state boundaries under the Clean Air Act known as the “Cross-State Air Pollution...more
The immediate impact of the U.S. Supreme Court's decision in EPA v. EME Homer City Generation LP, 2014 DJDAR (April 29, 5327), is that most power plants in the eastern half of the U.S. will face tighter limits on air...more
On April 29, 2014, in a 6-2 ruling, the U.S. Supreme Court upheld EPA's view in EPA v. EME Homer City Generation L.P., U.S. Nos. 12-1182 and 12-1183. The opinion is available online.
The decision reverses a 2012 ruling...more
On April 29, 2014, the Supreme Court by a 6-2 vote reversed the D.C. Circuit and upheld the Environmental Protection Agency’s Transport Rule, which imposed specific Clean Air Act limits on emissions in certain states to...more
Decision in EME Homer City upholds CSAPR, but additional legal challenges and EPA revisions may still significantly alter CSAPR and delay its implementation.
On Tuesday, April 29, the United States Supreme Court...more
One of the long-running questions in the administration of the Clean Air Act is the extent to which EPA can implement the Act through market-based mechanisms, such as cap-and-trade programs. Yesterday, the Supreme Court...more
Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more
In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by the DC Circuit. The Court made several...more
On April 29, 2014, in a very significant 6-2 decision, the U.S. Supreme Court affirmed EPA’s Cross-State Air Pollution Rule (CSAPR or the Rule), overturning a 2012 D.C. Circuit Court of Appeals decision invalidating the Rule....more
In a significant victory for the U.S. Environmental Protection Agency and supporting parties, the U.S. Supreme Court reversed and remanded an appellate ruling that had invalidated EPA’s Clean Air Act regulation of certain air...more
On April 29, 2014, in a decision that may impact electric prices and service reliability for McNees clients in the region, the United States Supreme Court reinstated EPA’s Cross-State Air Pollution Rule (CSAPR). CSAPR was...more
The U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s Cross State Air Pollution Rule, otherwise known as CSAPR or the “Transport Rule,” reversing a lower court decision that had vacated that rule. The...more
The Supreme Court yesterday issued an important Clean Air Act decision in the EPA v. EME Homer Generation case, reversing the D.C. Circuit. No doubt hundreds of blogposts and newsletters will be written about the case, but I...more
The United States Supreme Court has reversed the Court of Appeals for the DC Circuit regarding EPA’s Cross State Air Pollution Rule (CSAPR). Texas was one of many entities who argued that CSAPR was not consistent with Clean...more
Today, the U.S. Supreme Court overturned the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit"), ruling 6 to 2 that the U.S. Environmental Protection Agency's ("EPA") Cross-State Air...more
You might have to, if the Environmental Protection Agency gets its way in the U.S. Supreme Court on Tuesday.
The court will hear oral arguments in a case dealing with the EPA’s ability to regulate cross-state, or...more
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