Supreme Court Upholds EPA’s Cross State Air Pollution Rule (CSAPR)

May 1, 2014

In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by the DC Circuit. The Court made several significant holdings under the Clean Air Act and raised some issues that could mean CSAPR could see some more legal action. Even with the prospect of more litigation over the Rule, it is possible that the CSAPR requirements could be reinstated by January 2015, at least in most states.  For this to happen, however, the DC Circuit would need to lift the current stay and EPA would need to go through a new rulemaking to establish new compliance deadlines for CSAPR.

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