Supreme Court To Hear Case On Cross State Air Pollution Rule

The Supreme Court will consider reinstating a federal regulation intended to reduce power plant pollution that contributes to unhealthy air in neighboring states. Texas was one of several states that sued to block the rule, which was issued in 2011 and scheduled to take effect last year.

The Court said it will review an appeals court ruling that overturned the Environmental Protection Agency’s Cross State Air Pollution Rule. In a 2-1 decision, a panel of the U.S. Court of Appeals for the District of Columbia said EPA exceeded its authority by imposing “massive emissions reduction requirements” on plants in upwind states.

Jeff Holmstead is a partner in the Washington office of Bracewell and Giuliani.

“The lower court actually interpreted the law to create some limits on EPA’s regulatory authority, and if the Supreme Court sides with EPA, it would be giving EPA much more discretion in the future to impose more stringent regulatory requirements.”

The Obama Administration said the appeals court “committed a series of fundamental errors” that would undermine EPA’s enforcement of the Clean Air Act if left alone.



Andrew Schneider

Andrew Schneider

Politics and Government Reporter

Andrew heads Houston Public Media’s coverage of national, state, and local elections. He also reports on major policy issues before the Texas delegations in the U.S. House and Senate, as well as the Texas governorship, the state legislature, and county and city governments. Before taking up his current post, Andrew...

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