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Supreme Court Schedules Oral Argument for CSAPR Lawsuit

The United States Supreme Court will hear oral arguments on Dec. 10, 2013, concerning the lawsuit that vacated the EPA’s Cross-State Air Pollution Rule (CSAPR or Transport Rule). In August 2012, the United States Court of Appeals for the District of Columbia Circuit vacated CSAPR and remanded the rule to the EPA in EME Homer City Generation L.P. v Environmental Protection Agency, et. al.

In the EPA’s brief on the merits, filed Sept. 4, 2013, the agency argued that the lower court lacked jurisdiction to consider certain challenges to the Transport Rule and that it “erred by effectively nullifying obligations the [Clean Air Act] imposes on states, and by rejecting as premature the federal plans that the EPA was required to issue.” Respondents’ briefs from the states and industry opposed to CSAPR are due by Oct. 31, 2013.

The EPA’s 2005 Clean Air Interstate Rule (CAIR) will remain in effect pending the outcome of the United States Supreme Court's review of the Transport Rule. We will continue to monitor the status of this case as it progresses.

For more information regarding the D.C. Circuit Court of Appeals ruling or the Transport Rule, see the May/June 2013 Environmental Letter and the Second Quarter 2013 Air Quality Letter.

To learn more about Kate E. Beatty and her practice, visit her profile.

  • Associate

    Kate focuses her practice in estate planning, probate administration and fiduciary litigation in the firm’s Estate Planning Department. Kate also specializes in environmental compliance, permitting and enforcement issues ...

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