Jenner & Block

Client Alert: U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule

In this client advisory, Allison A. Torrence discusses the recent decision from the U.S. Supreme Court upholding EPA’s Cross-State Air Pollution Rule (the Transport Rule).  The Transport Rule regulates air pollution from power plants that travels to downwind states, decreasing air quality in those downwind states.  The Transport Rule impacts 28 states located in the eastern United States.  The Transport Rule was previously vacated by the D.C. Circuit Court of Appeals.  The Supreme Court’s decision to reverse the D.C. Circuit and uphold the Transport Rule is a significant victory for the EPA.