Supreme Court to Consider Cross-State Air Pollution Rule

The U.S. Supreme Court has agreed to weigh in on the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule.  This rule aims to limit emissions of sulfur dioxide and nitrogen oxide produced from coal-generated power in upwind states, which in turn hampers downwind states from meeting national ambient air quality standards in accordance with the Clean Air Act’s “good neighbor” provisions.  The U.S. Court of Appeals for District of Columbia Circuit threw out the rule for its “over-control” by the EPA.  The National Rural Electric Cooperative Association joined in a May 29 brief that urged the Supreme Court to uphold the appeals court’s 2012 decision.  The case is expected before the high court this fall with a decision likely in spring 2014.  Click here for the full story.

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