Transport Rule

News & Analysis as of

EPA Up 3-0 in Clean Air Cases: What it Means for Greenhouse Gas Regulations

The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more

Supreme Court Upholds EPA Rule Limiting Cross-State Pollution

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

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

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

The Wind Bloweth Where It Listeth — And the Supreme Court Says EPA Therefore Has Discretion in Regulating Wind-Borne Pollution

The Supreme Court today reversed the D.C. Circuit and affirmed EPA’s Transport Rule (known more formally as the Cross-State Air Pollution Rule). Whatever the hopes and dreams of the upwind states and the industry opponents,...more

CSAPR Reinstated, But Some Upwind States May Be Able to Bring As-Applied Challenges

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

REGULATORY: Environmental: U.S. Supreme Court Agrees to Review Interstate Air Pollution Rules

The U.S. Supreme Court will give the Environmental Protection Agency another chance to justify its rule targeting interstate air pollution. On June 24, 2013, the Court agreed to take up this issue by reviewing a case from the...more

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