Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean Air Act regulatory authority among them, however, the October 2013 Term was far from uneventful. Several more cases slated for the October 2014 Term presage rulings across a broad spectrum of environmental and administrative law issues.
I. Major Environmental Cases Decided This Term.
Two Clean Air Act rulings, EPA v. EME Homer City Generation and Utility Air Regulatory Group v. EPA, attracted widespread interest. Both cases are expected to dramatically affect U.S. EPA’s and the States’ administration of the Clean Air Act in the Cross-State Pollution, State and Federal Implementation Plans and Greenhouse Gas regulation.
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