Defending the Cross-State Air Pollution Rule

EDF Goes to the Supreme Court – which Upholds the Life-Saving Clean Air Measure

On April 29, 2014, the U.S. Supreme Court ruled in favor of the Cross-State Air Pollution Rule.

For EDF and other groups, it was the end of a long legal battle to defend the critical clean air safeguards, which were adopted by the Environmental Protection Agency in 2011, to protect “downwind” states from the harmful air pollution that is emitted by distant power plants and then blows across state borders.

By tightening the limits on certain types of soot- and smog-forming smokestack pollution in “upwind” states, the Cross-State Air Pollution Rule will provide healthier and longer lives for the millions of Americans that live in the communities surrounding these large power plants and in “downwind” states.

Clean air should be the standard, not the exception.

What happens next

  • EPA will implement the first phase of the rule in 2015 and the second, final phase in 2017
  • Some questions about the Cross-State Air Pollution Rule were returned to the Court of Appeals for further proceedings. EDF will continue to defend rule in court. Oral arguments on the remaining questions took place in February 2015.

Media contact