The Practical, Legal and Equitable Problems with EPA's New Cross-State Air Pollution Rule

Foley Senior Counsel Brian Potts authored an article that appeared in the October 2011 issue of The Electricity Journal titled “The Practical, Legal and Equitable Problems with EPA’s New Cross-State Air Pollution Rule.” Potts examines the legality of the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule as well as inequities in the rule’s design, which over-regulate some states while under-regulating others. He states that the Cross-State Rule fails to comply with significant contribution provisions of the EPA’s Clean Air act, but adds that overturning the rule will depend heavily on whether any of the parties injured by the EPA’s state budget methodology challenge it in court.