High court to hear Cross-State case in December

The United States Supreme Court will hear oral arguments in the Environmental Protection Agency’s Cross-State Air Pollution Rule (CSAPR) case on Tuesday Dec. 18 in Washington, D.C.

The oral arguments will be heard in Case Nos. 12-1182 and 12-1183 EPA versus EME Homer City Generation and American Lung Association versus EME Homer City Generation.

The high court said in June that it would review the D.C. Circuit Court of Appeals 2012 decision that effectively struck down the Cross-State rule. The D.C. Circuit ruled against Cross-State in August 2012 and left the Clean Air Interstate Rule (CAIR) in its place until a new rule is drafted.

EPA issued the Cross-State Air Pollution Rule under the “good neighbor” provision of the Clean Air Act, which is intended to ensure that the emissions from one state’s power plants do not cause harmful pollution levels in neighboring states.

In a brief filed recently by EPA and various parties on its side, the federal agency argues that the court of appeals “erred both in adjudicating challenges that were not properly before it and in rejecting the EPA’s reasonable interpretations of the Act.”

Oral arguments are scheduled for one hour before the nine-member Supreme Court, according to the high court’s website.

Transcripts of oral arguments that are posted on this Web site on the same day an argument is heard by the Court. The audio recordings of all oral arguments heard by the Supreme Court of the United States are available to the public at the end of each argument week.

For more information, visit: http://www.supremecourt.gov/oral_arguments/argument_transcripts.aspx.

About Wayne Barber 4201 Articles
Wayne Barber, Chief Analyst for the GenerationHub, has been covering power generation, energy and natural resources issues at national publications for more than 20 years. Prior to joining PennWell he was editor of Generation Markets Week at SNL Financial for nine years. He has also worked as a business journalist at both McGraw-Hill and Financial Times Energy. Wayne also worked as a newspaper reporter for several years. During his career has visited nuclear reactors and coal mines as well as coal and natural gas power plants. Wayne can be reached at wayneb@pennwell.com.