Washington Energy Report > Troutman Sanders LLP

Lawsuits and Petitions to Reconsider Cross-State Air Pollution Rule Continue

Last week saw continued appeals filed of EPA’s Cross-State Air Pollution Rule (“CSAPR”), as well as petitions to EPA to reconsider the rule.  The deadline for appeals is October 7, 2011.  Currently, the following parties have filed appeals in the United States Court of Appeals for the D.C. Circuit:  EME Homer City Generation, L.P., Luminant Generation Company, LLC,  GenOn Energy, Inc., State of Kansas, State of Texas, States of Nebraska, Alabama, Florida, Oklahoma, South Carolina, and Texas.  As of this writing, EME Homer City, Luminant and GenOn have asked the Court to stay the rule.  Other appeals and other motions for stays are expected.

The following parties have filed petitions with EPA to reconsider the rule:  EME Homer City, GenOn, Lakeland Electric, Luminant, San Miguel Electric Cooperative, Southwestern Public Service Company, State of Texas, and the Wisconsin Public Service Corporation.  Additional such petitions are expected.