Supreme Court of the United States
Environmental Protection Agency, Petitioners v. Eme Homer City Generation, L.p.; and American Lung…
April 29, 2014572 U.S. 489
Summary
The Supreme Court reversed the D.C. Circuit's judgment vacating EPA's Cross-State Air Pollution Rule. The Court held that the Clean Air Act does not require EPA to provide states an additional opportunity to submit State Implementation Plans after EPA quantifies emission budgets. Additionally, the Court found the Good Neighbor Provision permits EPA to consider costs when allocating emission reductions among upwind States.
Holding
- Timing and opportunity to submit SIPs before FIP issuance.. The CAA does not command that States be given a second opportunity to file a SIP after EPA has quantified the State's interstate pollution obligations.
- Consideration of costs in significant contribution allocation.. The Good Neighbor Provision does not require EPA to disregard costs and consider exclusively each upwind State's physically proportionate responsibility.
Docket 12-1182
Cited authorities
- 42 U.S.C. § 7409
- 144 U. Pa. L. Rev. 2341
- 42 U.S.C. § 7410
- 76 FR 48222
- 69 FR 4575
- 77 Stat. 393
- 84 Stat. 1679
- 42 U.S.C. §§ 7408
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