SCOTUS Revives Cross-State Pollution Rule: EPA’s Clean Air Interpretation Gets Deference


Jacob Hollinger called the Supreme Court’s support for a Clean Air Act rule aimed at reducing interstate pollution “an important decision,” but he cautioned that “it doesn’t end all the debates over interstate air pollution. The court left room for individual states to quibble with how it applies to them specifically.” That led Mr. Hollinger to conclude that, “On remand, some states may be able to argue that the way the rule applies to them particularly is a problem.”