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Supreme Court Upholds Cross-State Rule,
Says EPA Interpretation of Law Reasonable

April 30, 2014, 4:00 AM

The U.S. Supreme Court reinstated an Environmental Protection Agency rule intended to cost effectively reduce pollution that crosses state lines, saying the agency reasonably interpreted the Clean Air Act (EPA v. EME Homer City Generation L.P., 2014 BL 118432, U.S., 12-1182).

The Supreme Court’s 6-2 decision overturns a 2-1 ruling by the U.S. Court of Appeals for the District of Columbia Circuit in 2012 that vacated the Cross-State Air Pollution Rule (EME Homer City Generation LP v. EPA, 696 F.3d 7, 75 ERC 1776, 2012 BL 213202 (D.C. Cir. 2012); 162 DER A-2, 8/22/12

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