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October 27, 2014

U.S. Appeals Court Lifts Stay On EPA Cross State Air Pollution Rule

After the U.S. Environmental Protection Agency (EPA) asked the courts in June to do so, the U.S. Court of Appeals for the District of Columbia last Friday lifted a stay that will allow for the implementation of the EPA’s Cross-State Air Pollution rule. (This rule allows the agency to limit soot and smog that travels across state lines.) 

While the ruling allows the regulation to go into effect on Jan. 1, 2015, lawsuits against the rule will be allowed to go forward. According to Bloomberg BNA, the court “set a briefing schedule for the ongoing litigation, with briefs for the petitioners (EME Homer City) due Dec. 10; a joint brief by intervenors and amicus curiae in support of petitioners due Dec. 12; the brief for the respondent (the EPA) due Jan. 16; briefs for intervenors supporting the respondent due Jan. 23; and reply briefs of petitioners due Feb. 6.” 

According to the American Legislative Exchange Council, this rule could cost power plants up to $120 billion in the first few years after its implementation – costs that would likely be passed on to consumers in the form of higher electricity prices.