Yesterday, the D.C. Circuit Court of Appeals struck down USEPA’s Cross-State Air Pollution Rule (“CSAPR”) in EME Homer City Generation L.P. v. EPA . The Court found that the CSAPR exceeded USEPA’s statutory authority by requiring that upwind States reduce emissions by more than their contributions to a downwind State’s nonattainment and by establishing the new standards through Federal Implementation Plans rather than allowing the States to implement them through their State Implementation Plans. A copy of the case can be found here.