News & Analysis as of

Cross-State Air Pollution EPA v EME Homer City

Pillsbury Winthrop Shaw Pittman LLP

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

Cadwalader, Wickersham & Taft LLP

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

Maynard Nexsen

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

Maynard Nexsen on

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

Akin Gump Strauss Hauer & Feld LLP

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

Adams and Reese LLP

US Supreme Court Upholds Cross State Air Pollution Rules

Adams and Reese LLP on

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

Bergeson & Campbell, P.C.

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

Perkins Coie

Supreme Court Reinstates Cross-State Air Pollution Rule

Perkins Coie on

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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

BakerHostetler

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

BakerHostetler on

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

K&L Gates LLP

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

K&L Gates LLP on

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

Bracewell LLP

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

Bracewell LLP on

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

Cozen O'Connor

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

Cozen O'Connor on

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

Foley Hoag LLP - Environmental Law

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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