In their Domestic Environmental Law column, Christine A. Fazio, a partner at Carter Ledyard & Milburn, and Ethan I. Strell, a senior associate at the firm, write that, in a 2-1 decision, the D.C. Circuit held that EPA exceeded its statutory authority in adopting the Cross-State Air Pollution Rule because (a) the rule would require some upwind states to reduce emissions by more than the states' contribution to air quality exceedances in downwind states, and (b) the rule denied states the first opportunity to develop regulations to address precursors to ozone and fine particulate emissions in neighboring states prior to EPA's imposing plans on each state.
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EPA Regulations to Reduce Cross-State Air Pollution Vacated Again
New York Law Journal
October 25, 2012
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