Cross-State Air Pollution Oral Argument
The court on April 29, 2014, reversed the D.C. Circuit Court of Appeals decision and remanded the cases for further proceedings.
The Supreme Court heard oral argument on cross-state air pollution combining two cases, Environmental Protection Agency v. EME Homer City Ge… read more
The Supreme Court heard oral argument on cross-state air pollution combining two cases, Environmental Protection Agency v. EME Homer City Generation and American Lung Association v. EME Homer City Generation. The EPA was appealing a ruling by the D.C. Circuit Court of Appeals that the EPA’s rule on air pollution that crosses state lines exceeded its statutory authority. The purpose of the EPA’s 2011 Cross-State Air Pollution Rule, known as the Transport Rule, was to protect “downwind” states, mainly in the Mid-Atlantic and Northeast, from pollution from other “upwind” states, mainly in the South and Midwest. These upwind state and utility and mining groups challenged the rule. Mr. Mitchell argued on behalf of state and local respondents and Mr. Keisler on behalf of industry and labor respondents.
The court on April 29, 2014, reversed the D.C. Circuit Court of Appeals decision and remanded the cases for further proceedings. close
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Peter D. Keisler Attorney
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