Appeals Court Upholds EPA Power To Force Interstate Air Pollution Cuts

摘要

A federal appeals court in an unanimous ruling has broadly upheld EPA's Clean Air Act power to directly regulate emissions sources in one state hindering air quality in downwind states, which could boost eastern states as they weigh petitions for the agency to curb upwind states' emissions in lieu of a federal interstate emissions policy. The three-judge panel of the U.S. Court of Appeals for the 3rd Circuit's July 12 ruling in GenOn REMA, LLC. v. EPA, et al. rejects the power sector's claim that section 110 of the air law — which gives states three years to craft their own state implementation plans (SIPs) outlining how they will meet federal air standards — should trump section 126 of the Clean Air Act, which allows states to formally petition EPA to force pollution cuts in other states.