EPA Asks FuH D.C. Circuit for Rehearing On Decision to Vacate Cross-State Air Rule

摘要

The Environmental Protection Agency on Oct. 5 asked the full U.S. Court of Appeals for the District of Columbia Circuit for a rehearing of a decision vacating the agency's rule addressing air pollution that crosses state lines (EME Homer City Generation LP v. EPA, D.C. Cir., No. 11-1302, petition filed 10/5/12). A two-judge majority on Aug. 21 found that EPA erroneously issued federal implementation plans under the Cross-State Air Pollution Rule when it should have allowed states the opportunity to issue state plans. In addition, the court said the rule may have required upwind states to reduce their emissions by more than their "significant contributions" to a downwind state's non-attainment (43 ER 2173, 8/24/12).