Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
On July 28, the U.S. Court of Appeals for the D.C. Circuit ordered the U.S. Environmental Protection Agency (EPA) to revise emissions budgets for several states under the agency’s Cross-State Air Pollution Rule (CSAPR or the...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
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
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