The Department of Justice submitted a brief to the Supreme Court on behalf of the Environmental Protection Agency June 5, saying a recent decision by the U.S. Court of Appeals for the District of Columbia Circuit went beyond its jurisdiction when striking down the Cross-State Air Pollution Rule. The court created a new, non-statutory requirement, and as a result, down-wind states do not have health protections. The next day, environmental groups submitted a brief saying the court did not consider practical consequences when striking down the rule.