Supreme Court of the United States

Environmental Protection Agency, Petitioners v. Eme Homer City Generation, L.p.; and American Lung…

April 29, 2014134 S. Ct. 1584

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.