Wednesday, July 29, 2015

EME Homer City Generation, L.P v. EPA

<> EME Homer City Generation, L.P v. EPA – 7/28/15. In the U.S. Court of Appeals, D.C. Circuit, Case No. 11-1302. Consolidated with dozens of other cases. This major case involves the Clean Air Act regulations and the issue regulation of emissions in upwind States that may affect air quality in downwind States – the so called, "good neighbor provision." Petitioners challenge that EPA has overregulated emissions budgets.

     The Panel said: "To sum up: We hold invalid the 2014 SO2 emissions budgets for Alabama, Georgia, South Carolina, and Texas, as well as the 2014 ozone-season NOX budgets for Florida, Maryland, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, Virginia, and West Virginia. We remand without vacatur to EPA for it to reconsider those emissions budgets. We reject all of petitioners' other challenges to the Transport Rule, including all of their facial challenges to the Rule. The petitions for review are therefore granted in part and denied in part."

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