Periconi, LLC

January 2014 Archives

Supreme Court Broadly Construes EPA's Clean Air Act Authority

Confounding its critics for the seeming intrusion of politics into all of its decisions, on April 29, 2014, the Supreme Court issued its decision in the EPA v. EME Homer City Generation and American Lung Assn. v. EME Homer City Generation matters. In a 6-to-2 decision, the Court ruled to uphold EPA's Cross-State Air Pollution Rule, which requires increased emissions reductions from 27 continental upwind states. This is a major victory for EPA, and reinforces its authority to act under the Clean Air Act ("CAA") to combat climate change.

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