• U.S. Supreme Court Upholds EPA’s Interstate Air Pollution Rules
  • June 9, 2014
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • In a 6-2 decision, the U.S. Supreme Court reversed the D.C. Circuit Court of Appeals and upheld EPA’s Transport Rule regulating interstate air pollution. (EPA v. EME Homer City Generation, L.P. April 29, 2014) Beginning in 1970, the Clean Air Act (“CAA”) has included a Good Neighbor Provision that was designed to address the transport of air pollutants from one state to another. In 1990, Congress adopted the current Good Neighbor Provision which requires each State Implementation Plan (“SIP”) to include provisions “prohibiting...any source or other type of emissions activity within the state from emitting any air pollutant in amounts which will...contribute significantly to nonattainment in, or interfere with maintenance by, any other state” of any National Ambient Air Quality Standard (“NAAQS”).