The U.S. Supreme Court heard oral arguments on a case challenging the U.S. Environmental Agency’s Cross-State Air Pollution Rule Tuesday. The rule was originally struck down by U.S. Court of Appeals for the District of Columbia.
The rule, issued in July 2011, would require 28 states to reduce nitrogen oxide and sulfur dioxide emissions that cross state lines. After striking down the rule, the federal appeals court directed the EPA to continue using the Clean Air Interstate Rule (CAIR) until a replacement rule can be issued.
According to a report from Bloomberg, Justice Samuel Alito has recused himself from the case, meaning five of the remaining eight justices must decide to revive CSAPR. A split ruling of 4-4 would leave the federal appeals court decision in place.
The court is expected to issue a ruling on the case by July next year.
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