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.