• Court Temporarily Halts Cross-State Air Pollution Rule
  • January 12, 2012 | Authors: Ashley P. Aiello; Ragna O. Henrichs; James E. Smith
  • Law Firm: Porter Hedges LLP - Houston Office
  • The U.S. Court of Appeals for the D.C. Circuit granted a request by the State of Texas to stay EPA’s Cross-State Air Pollution Rule, until the Court rules on the merits of the challenge to that Rule.

    The State of Texas and others filed suit in the D.C. Circuit, requesting that the Court of Appeals declare the Cross-State Air Pollution Rule to be invalid. The State of Texas also requested a stay, to prevent EPA from enforcing the Cross-State Air Pollution Rule while the challenge was pending.

    Courts usually deny requests to stay EPA rules, pending challenges to those rules, but courts grant those requests in some circumstances.

    In its Order granting the request for stay, the Court ordered the parties to submit proposed briefing schedules, so that the Court may hear the case by April 2012. The Order also directed EPA to leave the predecessor Clean Air Interstate Rule in place, pending the Court’s review and decision on the merits.

    EPA stated that it was disappointed in the decision to delay implementation of the Cross-State Air Pollution Rule. The Texas Attorney General stated that the decision to stay was prudent, and that the Rule threatened electricity service disruptions and blackouts in Texas.