United States Supreme Court

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EPA v. EME Homer City Generation, L. P., 12-1182

The D.C. Circuit Court of Appeals erred in vacating the Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule, which attempted to curb nitrogen oxide and sulfur dioxide emissions in 27 upwind states, in its entirety and in holding that the EPA's actions exceeded its statutory authority, where: 1) the Clean Air Act (CAA) does not command that States be given a second opportunity to file a State Implementation Plan (SIP) after the EPA has quantified the State's inter-state pollution obligation; and 2) the EPA's cost-effective allocation of emission reductions among upwind States is a permissible, workable, and equitable interpretation of the Good Neighbor Provision in the CAA.

Appellate Information

  • Decided 04/29/2014
  • Published 04/29/2014

Judges

  • GINSBURG

Court

  • United States Supreme Court

Counsel