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On Tuesday, December 10, the Supreme Court heard oral arguments in EPA v. EME Homer City Generation. The Court will be deciding a number of questions: (1) Whether the court of appeals lacked jurisdiction to consider challenges to the Clean Air Act on which it granted relief; (2) whether states are excused from adopting state implementation plans prohibiting emissions that “contribute significantly” to air pollution problems in other states until after the EPA has adopted a rule quantifying each state’s inter-state pollution obligations; and (3) whether the EPA permissibly interpreted the statutory term “contribute significantly” so as to define each upwind state’s “significant” interstate air pollution contributions in light of the cost-effective emission reductions it can make to improve air quality in polluted downwind areas, or whether the Act instead unambiguously requires the EPA to consider only each upwind state’s physically proportionate responsibility for each downwind air quality problem. Mark DeLaquil attended oral arguments and offered his impressions to a live Courthouse Steps Teleforum audience.
- Mr. Mark DeLaquil, Partner, Baker & Hostetler LLP
- Moderator: Dean Reuter, Vice President and Director of Practice Groups, The Federalist Society