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U.S. Supreme Court Grants Review of D.C. Circuit’s Vacatur of CSAPR

Posted Wednesday, July 3rd, 2013

In a June 24, 2013 order, the U.S. Supreme Court has granted the U.S. Environmental Protection Agency’s (EPA) petition for certiorari seeking review of the D.C. Circuit Court’s vacatur of its Cross-State Air Pollution Rule (CSAPR), which addresses interstate pollution and affects twenty-five eastern states.  The Court has agreed only to hear argument on the issues raised in EPA’s petition and not on any additional issues raised in a separate petition filed by the American Lung Association.  The case docket is available here.  EPA promulgated CSAPR in mid-2011 as a replacement to the Clean Air Interstate Rule (CAIR), which the D.C. Circuit ruled was fundamentally flawed in 2008 but allowed to remain in place pending promulgation of a replacement.  The D.C. Circuit vacated CSAPR without it ever going into effect however, and CAIR continues to be implemented.

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