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Environment

Supreme Court Justices Weigh EPA Air Pollution Rule

by Glenn Hess
December 16, 2013 | A version of this story appeared in Volume 91, Issue 50

The Supreme Court is considering whether to revive a federal rule that would require states in the South and Midwest U.S. to reduce power plant emissions that pollute the air in the eastern part of the country. A divided federal appeals court struck down the regulation last year, saying EPA exceeded its authority under the Clean Air Act when it issued the cross-state air pollution rule in 2011. But several Supreme Court justices suggested last week during oral arguments that EPA has wide latitude to impose pollution controls. Chief Justice John G. Roberts Jr. said the agency appeared to follow the Clean Air Act in dealing with the states. “It seems to me that if EPA had taken a different view, it would have been contrary to the statute,” Roberts said.

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