Coal, Emissions, Gas

EPA wants Supreme Court to review CSAPR denial

The U.S. Environmental Protection Agency (EPA) filed a request with the U.S. Supreme Court to review the decision from the D.C. Circuit Court of Appeals that struck down the Cross-State Air Pollution Rule.

The solicitor general filed the petition March 29 for the high court to look at the decision. The petition raised three questions for the court: Whether the court of appeals had the jurisdiction to consider the challenges, whether states can be exempt from adopting the State Implementation Plans (SIPs) until after EPA has adopted a rule quantifying each state’s interstate pollution obligations, and whether EPA’s method of determining each state’s significant contribution was wrongfully rejected.

CSAPR attempted to establish a cap-and-trade system to allow power producers to comply with emission limits by buying, trading and selling pollution permits. In August, the appeals court ruled that the EPA violated the Clean Air Act in its ruling to overturn the regulation. The denial left the Clean Air Interstate Rule in place.

To read the filing, click here.

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