EPA v. EME Homer City Generation (2014)

Multiple states intervened in lawsuit to support EPA rule on cross-state air pollution against state and industry challenge.

Citation: EPA v. EME Homer City Generation, 134 S.Ct. 1584 (2014)

Topic: Air Pollution

Type of action: Defense of Federal Standards

States involved: Connecticut, Delaware, District of Columbia, Illinois, Maryland, Massachusetts, New York, North Carolina, Rhode Island, Vermont

Summary: In 2011, EPA adopted the Cross-State Air Pollution Rule, also known as the Transport Rule, to address air pollution from upwind states that crosses state lines and affects air quality in downwind states.  This rule required certain states in the eastern U.S. to reduce power plant emissions that contribute to smog and soot pollution in downwind states. A group of state and local governments, joined by power industry and labor groups, challenged the rule. Connecticut, along with a number of other states and localities, intervened to defend the rule.

Key documents:

• Supreme Court Decision
• Supreme Court Brief 
• D.C. Circuit Brief

Additional resources

• Connecticut AG Press Release