Appeals Court Vacates EPA Transport Rule For Exceeding Air Law Powers

摘要

A federal appeals court in a 2-1 ruling has vacated EPA's utility emissions cap-and-trade rule after finding the agency exceeded its Clean Air Act authority with the requirements it imposed on states, but the dissenting judge warns that the decision is a "trampling" over past court rulings that gave EPA authority for the transport rule.rnThe decision from the U.S. Court of Appeals for the District of Columbia Circuit triggers a host of questions over the fate of agency policies, not just limited to those relating to the Cross-State Air Pollution Rule (CSAPR) trading program. For example, it creates major uncertainty over state implementation plans (SIPs) - blueprints for meeting federal air standards - that rely on anticipated emissions reductions from CSAPR, and could also complicate air permitting decisions and some rulemakings.