EPA’s petition for certiorari to the U.S. Supreme Court to review the D.C. Circuit’s decision invalidating the Cross-State Air Pollution Rule (“CSAPR”) was granted on June 24.  The Court consolidated EPA’s petition with the American Lung Association’s petition regarding CSAPR, but limited its review to the questions presented in EPA’s petition.

Specifically, the Court will address three questions presented by EPA:

  • Whether the D.C. Circuit lacked jurisdiction to consider challenges to CSAPR;
  • Whether EPA erred by imposing Federal Implementation Plans (“FIPs”) before formulating each state’s pollution-reduction obligations; and
  • Whether EPA erred by formulating states’ pollution-reduction obligations based on each state’s ability to cost-effectively reduce pollution.

The case will be argued next term.  Look for more articles regarding CSPAR, the DC Circuit’s decision, and the Clean Air Act here.

Robert M. Belden