EME Homer City Generation, L.P v. EPA, No. 11-1302 (D.C. Cir. 2012)
Annotate this CaseThis appeal stemmed from a petition to review the EPA's August 2011 implementation of the statutory good neighbor requirement, the Transport Rule, also known as the Cross-State Air Pollution Rule, which defined emissions reduction responsibilities for 28 upwind States based on those States' contributions to downwind States' air quality problems. The court held that the Transport Rule exceeded the EPA's statutory authority (1) by using the good neighbor provision to impose massive emissions reduction requirements on upwind States without regard to the limits imposed by the statutory text and (2) by departing from its consistent prior approach to implementing the good neighbor provision and violating the Clean Air Act, 42 U.S.C. 7401 et seq., because it did not allow the States the initial opportunity to implement the required reductions with respect to sources within their borders.
The court issued a subsequent related opinion or order on July 28, 2015.
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