EPA is urging the Supreme Court to overturn an appellate ruling that scrapped the agency's Cross-State Air Pollution Rule (CSAPR) emissions trading program, arguing the lower court lacked authority to hear challenges to key provisions of the rule and misread portions of the Clean Air Act that justified the cap-and-trade program. Environmentalist supporters of CSAPR are making similar arguments in their call for the high court to undo the 2-1 appellate ruling, echoing the dissenting judge in the decision who said the majority "rewrites" the Clean Air Act process for how the agency can address interstate air pollution, giving new deference to states. Advocates counter that the air law's various provisions mean the appellate court should have granted deference to EPA's rulemaking.
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