D.C. Circuit Upholds Current CSAPR, But Tougher Legal Fights Await

A federal appeals court has upheld EPA’s current iteration of the Cross-State Air Pollution Rule (CSAPR) in litigation brought against the interstate air emissions program by the utility sector, deferring to EPA’s technical expertise, but tougher legal tests are looming over officials’ recent decisions to scrap states’ interstate air plans and expand CSAPR. In a unanimous opinion issued March 3, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld EPA’s 2021 revision of...