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SCOTUS Environmental Decisions

Posted By Richard Glaze, Vice Chair/Chair-Elect, Wednesday, September 17, 2014
Environmental Protection Agency v. EME Homer City Generation

On April 29, 2014 the Supreme Court, in a 6-2 opinion written by Justice Ginsburg, reversed the D.C. Circuit and held that the EPA's interpretation of the Clean Air Act's Good Neighbor Provision was permissible. In Environmental Protection Agency v. EME Homer City Generation, a group of state and local governments and industry and labor groups petitioned for review of EPA's Cross-State Air Pollution Rule (Transport Rule). The Transport Rule required reductions of nitrogen oxide and sulfur dioxide emissions in 28 upwind states to achieve downwind attainment of the national ambient air quality standards. The Court decided EPA may consider a cost-effective allocation of reducing emissions among the upwind states. 

Tags:  air quality standards  EME Homer City  environmental protection agency  EPA  nirtogen oxide 

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