• Court Of Appeals Hears Oral Argument on Cross-State Air Pollution Rule
  • April 18, 2012 | Authors: Kevin C. Fitzgerald; Peter S. Glaser; Kevin C. Greene; Clifford S. Sikora
  • Law Firms: Troutman Sanders LLP - Washington Office ; Troutman Sanders LLP - Atlanta Office ; Troutman Sanders LLP - Washington Office
  • On Friday, April 13, 2012, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging EPA’s Cross-State Air Pollution Rule (“CSAPR”) (EME Homer City Generation v. EPA).  The Court issued a stay of the CSAPR on December 30, 2011 and placed the case on an expedited schedule.  The panel is expected to issue its decision as early as June or July of this year and possibly sooner.

    In a related case, Public Service Company of Oklahoma v. EPA, movants are challenging the supplemental CSAPR rulemaking that imposes ozone seasonal Federal Implementation Plans on Oklahoma, Iowa, Michigan, Missouri, and Wisconsin.  This case is currently being held in abeyance pending a decision in EME Homer City Generation.

    In addition to challenging CSAPR and its supplemental rule, parties are expected also to challenge the final CSAPR technical revisions rule.  Petitions for review of this rule must be filed by April 23, 2012.  Notably, EPA has yet to act on the more than 60 petitions for reconsideration of CSAPR filed by numerous states and other parties.