Cross-state pollution rule to get scrutiny by U.S. Supreme Court

The U.S. Supreme Court will decide next term whether a controversial Clean Air Act regulation can be implemented.

Requests for review of a lower court decision striking down the Cross-state Air Pollution Rule were filed by the Obama administration as well as a coalition of non-profit organizations including the American Lung Association and several environmental advocacy organizations.

The U.S. Court of Appeals for the District of Columbia Circuit held in August 2012 that CSAPR  exceeded the Environmental Protection Agency's authority under the Clean Air Act.

CSAPR would apply to 28 states, all in the eastern and southern regions of the country, requiring them to limit emissions of several pollutants that travel at high altitude across borders into surrounding states.

Environmentalists argue that the rule will save as many as tens of thousands of lives each year because smog and particulate pollution would be reduced. EPA has said that it believes the rule would generate at least $120 billion in annual health and environmental benefits, a sum that is well in excess of the costs of compliance expected to be incurred by regulated entities.

The Supreme Court issued the order granting petitions for certiorari in the case on Monday.

The cases are United States Environmental Protection Agency v. EME Homer City Generation, L.P., No. 12-1182, and American Lung Association v. EME Homer City Generation, L.P., No. 12-1183.

Oral arguments will be conducted after the Court's 2013-2014 term begins in October. A decision is expected before July 2014.

EPA finalized CSAPR in July 2011. The D.C. Circuit's order invalidating it also required the agency to reinstate a less expansive rule having the same objective that was instituted by the George W. Bush administration.