Cross-State Air Pollution Rule (CSAPR)

Litigation over the CSAPR No-Update Rule:

Opening and Reply briefs in our case challenging EPA’s decision not to revise the Cross State Air Pollution Rule, which must reduce interstate transport of ozone pollution under the 2008 rule, by the statutory deadlines for doing so.

The judgment in that case, NY, et al. v. EPA, D.C. Cir. No. 19-1019, directs EPA to correct its errors.

In early 2020, we filed a complaint seeking a deadline for EPA to correct its errors in the federal district court in D.C., our state partners (led by New Jersey) filed a similar complaint in the federal district court for the Southern District of New York. The SDNY ruled first, holding that EPA must finalize a rule by March 15, 2021 correcting its errors.

In October 2020, EPA signed a proposed rule that would tighten certain state ozone budgets, against its deadline for doing so.

• final NGO CSAPR no update reply br 7.19
• final NGO CSAPR no update op br.7.19
• 19-1019 judgment vacating rule.
• csapr remand deadline.states comp.sdny.NJ-v-Wheeler_complaint
• csapr remand deadline.NGO DDC complaint.2-2020
• nj v epa 20.cv.1425 opinion on sj

• Supreme Court filing in support of Cross-State Air Pollution Rule