D.C. Circuit Vacates EPA’s Cross-State Air Pollution Rule

On August 21st, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit" or "Court"), in a 2-1 split decision, vacated the U.S. Environmental Protection Agency's ("EPA") Cross-State Air Pollution Rule ("CSAPR" or the "Transport Rule"), which regulates emissions from upwind states that contribute to air quality problems in downwind states. EME Homer City Generation v. EPA, No. 11-1302 (D.C. Cir. Aug. 21, 2012). The Court, in an opinion written by Judge Brett Kavanaugh and joined by Judge Thomas Griffith, held that EPA exceeded its statutory authority under the federal Clean Air Act ("CAA" or the "Act") because the Transport Rule required emissions reductions beyond what is required to attain the relevant National Ambient Air Quality Standards ("NAAQS"). In addition, the D.C. Circuit held that, by simultaneously promulgating Federal Implementation Plans ("FIPs") applicable to all upwind states for the Transport Rule, EPA impermissibly