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Monday, May 19, 2014

EME Homer City decision

On April 29, the Supreme Court revived EPA’s Cross-State Air Pollution Rule in Environmental Protection Agency v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014).  That set of rules would have imposed budgets on air emissions by sources in upwind states in order to implement the “Good Neighbor” provision, section 110(a)(2)(D)(i)(I)  of the Clean Air Act. My monthly environmental practice column in the Pennsylvania Law Weekly considers the lessons from Justice Ginsburg’s opinion.  She makes entirely clear that Congress has provided almost no helpful guidance to EPA and, indeed, the conceptual model of air pollution that underpins the “Good Neighbor” provision is hopelessly simplistic and wrong.