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EME Homer City Generation, L.P. v. EPA

United States District Court for the District of Columbia
696 F.3d 7 (2012)


In an effort to manage sulfur dioxide and nitrogen dioxide emissions floating across interstate lines, the Environmental Protection Agency (EPA) (defendant) promulgated the Transport Rule (the Rule), under the “good neighbor” provision of the Clean Air Act (CAA). The Rule required 28 upwind states to reduce their “significant contributions” of emissions from coal- and natural gas-fired power plants so that downwind states could attain federally-required air quality standards. EME Homer City Generation, L.P., several states, local governments, industry groups, and others (plaintiffs) filed petitions in federal court seeking review of the Rule. Plaintiffs alleged the Rule exceeded the EPA’s authority conferred to it by the CAA.

Rule of Law


Holding and Reasoning (Kavanaugh, J.)

Dissent (Rogers, J.)

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