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In a 5-to-4 ruling delivered June 27, 2024, the U.S. Supreme Court (SCOTUS) delivered yet another blow to EPA authority when it placed the Agency’s “Good Neighbor” rule on hold. The “Good Neighbor” rule, also known as the “Cross State Air Pollution Rule” (CSAPR), was designed to cut pollution from power plants and other industrial […]
In March 2023, an industry challenge to the EPA’s April 2021 Revised Cross-State Air Pollution Rule (CSAPR) Update Rule was rejected by the D.C. Circuit Court of Appeals. The rule required “power plants in 12 upwind states to reduce nitrogen oxide (NOx), an ozone precursor, emissions such that those states did not inhibit downwind states’ […]
The EPA’s proposed expanded Cross-State Air Pollution Rule (CSAPR) program to further reduce nitrogen oxide (NOx) emissions from large industrial sources includes an allowance-based trading program for 25 states. This action is expected to resolve the good neighbor provisions for those states in meeting the 2015 National Ambient Air Quality Standards (NAAQS) for NOx. The […]
On March 15, 2021, the EPA finalized revisions to the Cross-State Air Pollution Rule (CSAPR) Update to reduce downwind pollution from power plants. This action, in response to the Wisconsin v. EPA ruling by the U.S. Court of Appeals for the D.C. Circuit in September 2019, is expected to help downwind states meet the 2008 […]
On October 15, 2020, the EPA proposed Cross-State Air Pollution Rule (CSAPR) revisions to reduce summertime nitrous oxides (NOx) emissions from upwind power plants in 12 states: Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia.
In its denial of a petition from New York State, the EPA continues to disagree with downwind states that argue that sources in upwind states should be forced to eliminate air pollution the downwind states allege contribute significantly to their inability to meet the National Ambient Air Quality Standards (NAAQS) for ozone.
In a ruling that helps downwind states with areas in nonattainment with the 2008 National Ambient Air Quality Standards (NAAQS) for ozone, a panel of the U.S. Court of Appeals for the D.C. Circuit declined to vacate the EPA’s 2016 rule to update its Cross-State Air Pollution Rule (CSAPR). However, the court did remand one […]
Based on “additional information and analysis,” the EPA is proposing to determine that its Cross-State Air Pollution Rule (CSAPR) Update for the 2008 ozone National Ambient Air Quality Standards (NAAQS) (October 26, 2016, Federal Register (FR)) satisfies the Agency’s obligation to issue federal implementation plans (FIPs) for 20 states to address air pollution from those […]
In a final action, the EPA has updated its 2011 Cross-State Air Pollution Rule (CSAPR) with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS). According to the Agency, the action constitutes the first time the EPA has updated an existing program to address interstate transport of air pollution under a new air […]
The EPA has released a preproposal for a Federal Implementation Plan (FIP) to carry out its Cross-State Air Pollution Rule (CSAPR) in states that do not have approved state implementation plans (SIP) showing how they will comply with the CSAPR.