Cross-State Air Pollution Rule

Regulating Interstate Ozone Pollution: EPA Nears the Finish Line

The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.

EPA issued a rule last week that will significantly improve air quality, particularly on the East Coast.  This is EPA’s fourth and final iteration of a rule-making process to control interstate air pollution that began in 2005.  Reflecting this history, this fourth rule is a second and presumably final revision of an update to an …


Breaking News: Supreme Court’s Decision Upholding Cross-State Air Rule Is Good Sign for Greenhouse Gas Rules

Huge victory for EPA in regulating air pollution that crosses state lines

The Supreme Court’s 6-2 decision issued this morning in EPA v. EME Homer, upholding the agency’s rule to control air pollution that crosses state boundaries, gives plenty of reason for optimism that the Court will also uphold EPA’s greenhouse gas rules at issue in a different case, Utility Air Regulator Group v. EPA.   Both cases …


Federal Court Halts Implementation of Important Air Pollution Program

The Obama Administration’s cap-and-trade program to control air pollution that crosses state lines  (explained in detail here) will not go into effect this month as planned.  Instead, the U.S. Court of Appeals for the D.C. Circuit has halted the program’s implementation temporarily until it decides on its legality. The program, known as the cross state …


EPA to Continue Emissions Trading in Place of Clean Air Interstate Rule

With the success of the 1990 cap and trade program for sulfur dioxide (the major cause of acid rain), cap and trade  has become one of the dominant regulatory means to control air pollution in the U.S.  And, of course, cap and trade remains one of the central mechanisms to control greenhouse gases in those …