Judges' Review Of CSAPR May Set Precedent On EPA Air Trading Policies

摘要

Appellate judges reviewing lingering legal challenges to EPA's Cross-State Air Pollution Rule (CSAPR) emissions cap-and-trade program wrestled with a host of issues that could - depending on how they rule - set new precedent for how the agency crafts air trading rules, including which states to regulate and the level of pollution caps. The pending U.S. Court of Appeals for the District of Columbia Circuit case, EME Homer City Generation, LP, et al. v. EPA et al., addresses a host of suits over technical provisions of the rule and other issues that the appellate court did not resolve in its initial 2-1 ruling in 2012 that vacated CSAPR as exceeding EPA's Clean Air Act authority. The Supreme Court reversed that decision in April, remanding the case back to the court to resolve.