On July 6, 2011, the US Environmental Protection Agency finalized a rule, known as Cross-State Air Pollution Rule (CSAPR), aimed at significantly improving the air quality.
http://www.epa.gov/crossstaterule/
A three-judge panel of the U.S. Court of Appeals on December 30, 2011 asked the EPA not to implement the CSAPR effective January 1, 2012 pending hearing over the merit of the rules aimed at reducing SO2 and NO in Texas and 26 other eastern states. The rules first issued in July, and then revised in October, was opposed by many utilities, power generaters, trade unions and state attorneys general. "Petitioners have satisfied the standards required for a stay pending hearing", said Judge Brett Kavanaugh, Judge Thomas Griffith and Judge Janice Rogers Brown. The plaintiffs included Southern Co., EME Homer City Generation LP, a unit of Edison International, and Dallas-based Energy Future Holdings Corp. SO2 is blamed for acid rain and soot, while the NO causes smog.
Supreme Court Upheld EPA's Cross-State Air Pollution Rule
In a slap against Texas AG Greg Abbott, the US Supreme Court on April 29, 2014 ruled in 6-2 margin (Clarence Thomas and Antonin Scalia voting against the majority, while Judge Samuel Alito recusing himself) that EPA had authority to issue CSAPR to control air pollution in the down-wind state caused by the power plants located in the up-wind states.
http://www.epa.gov/crossstaterule/
A three-judge panel of the U.S. Court of Appeals on December 30, 2011 asked the EPA not to implement the CSAPR effective January 1, 2012 pending hearing over the merit of the rules aimed at reducing SO2 and NO in Texas and 26 other eastern states. The rules first issued in July, and then revised in October, was opposed by many utilities, power generaters, trade unions and state attorneys general. "Petitioners have satisfied the standards required for a stay pending hearing", said Judge Brett Kavanaugh, Judge Thomas Griffith and Judge Janice Rogers Brown. The plaintiffs included Southern Co., EME Homer City Generation LP, a unit of Edison International, and Dallas-based Energy Future Holdings Corp. SO2 is blamed for acid rain and soot, while the NO causes smog.
Supreme Court Upheld EPA's Cross-State Air Pollution Rule
In a slap against Texas AG Greg Abbott, the US Supreme Court on April 29, 2014 ruled in 6-2 margin (Clarence Thomas and Antonin Scalia voting against the majority, while Judge Samuel Alito recusing himself) that EPA had authority to issue CSAPR to control air pollution in the down-wind state caused by the power plants located in the up-wind states.
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