EPA v EME Homer City

News & Analysis as of

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

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

Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute" [Video]

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

D.C. Circuit Rejects Another Clean Air Act Challenge, Upholds Fine Particulate Standard

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

The U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule in EPA v. EME Homer City Generation, L.P., Paving the Way to...

On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

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

Supreme Court Ruling A Green Light For EPA Climate Change Regulations

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

EARL e-News: Supreme Court Reinstates EPA's Cross-State Air Pollution Rule

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 Supreme Court Ok’s CSAPR, but Implementation Remains Stalled

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

Business Implications under U.S. Supreme Court’s Affirmance of EPA’s Transport Rule

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

US Supreme Court Upholds Cross State Air Pollution Rules

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

EPA Knows Which Way The Wind Blows

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

Supreme Court Reinstates EPA’s Cross-State Air Pollution Rule

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

Supreme Court Reinstates Cross-State Air Pollution Rule

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

The Supreme Court Upholds EPA’s Cross-State Air Pollution Rule

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

Supreme Court Affirms Cross-State Air Pollution Rule, Reversing D.C. Circuit

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

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

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

Supreme Court Upholds EPA's Cross State Air Pollution Rule (CSAPR)

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

Supreme Court Issues Landmark Clean Air Act Ruling, Revives Cross-State Air Pollution Rule

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

Quick Take On EME Homer

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

"US Supreme Court Cases to Watch in 2014"

The U.S. Supreme Court will rule on numerous significant cases in 2014, involving such issues as presidential power, affirmative action, campaign contributions, environmental regulations, intellectual property, commercial...more

The Supreme Court Agrees to Review the CSAPR Decision: Might EPA Avoid Version 3 of the Transport Rule?

On June 24, 2013, the Supreme Court granted certiorari in EPA v. EME Homer City, the challenge to EPA’s Cross-State Air Pollution Rule, or CSAPR. The Court of Appeals for the District of Columbia had struck down the rule,...more

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