Will Supreme Court Rulings Bolster EPA Authority?

摘要

Two recent U.S. Supreme Court rulings have empowered the EPA to continue pursuing stricter limits on coal-fired power plants. The rulings are the Cross State Air Pollution Rule (CSAPR) case (US EPA v. EME Homer City Generation, April 29, 2014) and the greenhouse gas permit case (Utility Air Regulatory Group v. EPA, June 23, 2014). Both gave the EPA all or most of the authority that it wanted. These rulings have broad direct impacts on coal-fired power plants. However, the indirect impact of an emboldened EPA on power plants may turn out to be more important. There is, however, uncertainty on how the courts will assess new rules from an emboldened EPA.