Oral argument was held before the D.C. Circuit Court of Appeals on February 25, 2015, over the EPA’s proposed Cross-State Air Pollution Rule. The argument, led by the State of Texas, centered on whether the requirements and emissions budgets for upwind states were unreasonable or imposed strict limits which would impact the upwind states’ budgets unfairly.
The Cross-State Air Pollution Rule was finalized in 2011. Under the rule, 28 states must limit their sulfur dioxide and other emissions from power plants which could impact air quality in adjacent states.
In August 2014, several industry groups and states filed briefs in EME Homer City Generation v. EPA, et al. in the D.C. Circuit, claiming the EPA violated the Clean Air Act by failing to give states a chance to craft their own implementation plans before promulgating federal mandates. The industry challenges came from power and energy companies such as Luminant Energy Company, LLC, Oak Gove Management Company, LLC, and Appalachian Power Company. States opposing the rule included Kansas, Florida, Alabama, Oklahoma, South Carolina, Louisiana, Michigan, Ohio, and Wisconsin, along with Texas.
The EPA announced in November 2014 that it was delaying the deadline for states to comply with the Cross-State Air Pollution Rule by three years due to legal challenges to the rule. On October 23, 2014, the D.C. Circuit Court of Appeals granted the EPA’s motion to lift the stay on the Cross-State Air Pollution Rule.
Under the 2014 ruling by the D.C. Circuit, the revised deadline for Phase 1 implementation is now 2015. The revised deadline for Phase 2 implementation is 2017.
The EPA’s explanation and announcement regarding the rule can be found at www.epa.gov/crossstaterule/. For more information, contact Toni Ellington at (504) 599-8500.
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