Supreme Court to review decision to repeal Cross-State Air Pollution Rule

Supreme Court review repeal of Cross-State Air Pollution Rule CSAPR EPA Environmental Protection Agency

The U.S. Supreme Court announced Monday it would review a federal appeals court decision to reverse the U.S. Environmental Protection Agency’s Cross-State Air Pollution Rule, according to a report from the Washington Post.

The rule, which was issued in July 2011, would have required 28 states to reduce nitrogen oxide and sulfur dioxide emissions that cross state lines. It was vacated by the U.S. Court of Appeals for the District of Columbia last August, and the court declined to rehear the issue last January.

The court has directed the EPA to continue to use the Clean Air Interstate Rule (CAIR) until a replacement rule can be issued. CAIR was rejected by D.C. Circuit Court of Appeals in 2008, but was left in place until the EPA developed a new rule consistent with the court’s opinion. The CSAPR was intended to replace CAIR.

The appeals court ruled in August the EPA had overstepped its authority in issuing a rule that was costly, burdensome and arbitrary, according to the article.

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