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Cross-State Air Pollution Rule on Hold (1/2/12)

On December 30, 2011, the DC Circuit Court of Appeals granted a motion to stay EPA’s Cross-State Air Pollution Rule (CSAPR).  The court’s “last minute” order stops the Agency from implementing the rule just days before it was set to take effect on January 1, 2012.  The brief two-page order does not pose an opinion on the merits of the rule but instead holds that the “petitioners have satisfied the standards required for a stay pending court review.” 

While the state of Texas has been the most vocal opponent, CSAPR has been legally challenged by several states (Alabama, Florida, Georgia, Indiana, Kansas, Louisiana, Michigan, Mississippi, Nebraska, Ohio, Oklahoma, South Carolina, Texas, Virginia and Wisconsin) as well as private companies in over forty different federal cases, which the court has consolidated under this action.  The court’s order stays any action on CSAPR until the resolution of the case and suggests a potential April 2012 hearing.  In the interim, the ruling requires EPA to continue to administer the Clean Air Interstate Rule.

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Last Revised: February 16, 2016