DC Circuit Declines to Rehear CASPR Suit


January 24th - The DC Circuit Court of Appeals has rejected EPA’s request to rehear its vacatur of the Cross-State Air Pollution Rule (CASPR).  EPA’s remaining judicial option is to appeal to the U.S. Supreme Court.

CASPR was intended to aid downwind states achieve compliance with National Ambient Air Quality Standards (NAAQS) by requiring power plants in upwind states to reduce emissions of NO2 and SO2.  The court vacated the rule in 2012, finding that the rule would, among other things, have required upwind states to achieve reductions exceeding their “significant contributions” to NAAQS exceedances in downwind states.