Industry, States Fight EPA Bid For Appeals Court To Rehear CSAPR Ruling

摘要

Industry and some states are urging a federal appeals court to reject EPA's and others' request for rehearing of its decision vacating the agency's Cross-State Air Pollution Rule (CSAPR) utility emissions trading rule, saying the ruling was correct and downplaying EPA's claims that the ruling erred by effectively rewriting the Clean Air Act. EPA, several eastern states, environmentalists and others are challenging the U.S. Court of Appeals for the District of Columbia's 2-1 ruling in EME Homer City Generation L.P. v. EPA that CSAPR exceeded the agency's air law authority. The agency relies heavily on the dissenting opinion, in which Judge Judith Rogers said the majority "rewrites" the air law to impose new restrictions on the agency's ability to address interstate transport of air pollution.