The Supreme Court today upheld the EPA’s Cross-State Air Pollution Rule, which requires upwind states to reduce sulfur dioxide and nitrogen oxide emissions from coal-fired power plants. Originally finalized in 2011, the rule was successfully challenged the following year by utilities and coal companies when a federal district court ruled the EPA exceeded its authority under the Clean Air Act. Supreme Court Justice Ruth Bader Ginsberg today wrote that the rule is a “permissible, workable, and equitable interpretation” of a Clean Air Act provision requiring upwind states to address interstate transportation of air emissions.
The decision will almost certainly lead to higher costs for power producers in the affected states, who must now decide whether to invest in upgrades or scale back production.
Photo: Kjkolb/Wikipedia
