for The Association of the Bar of the City Of New York
1. North Carolina v. EPA, No. 05-1244 Consolidated with 05-1246, 05-1249, 05-1250, 05-1251, 05-1252, 05-1253, 05-1254, 05-1256, 05-1259, 05-1260, 05-1262, 06-1217, 06-1222, 06-1224, 06-1226, 06-1227, 06-1228, 06-1229, 06-1230, 06-1232, 06-1233, 06-1235, 06-1236, 06-1237, 06-1238, 06-1240, 06-1241, 06-1242, 06-1243, 06-1245, 07-1115, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, March 25, 2008, Argued, July 11, 2008, Decided
OVERVIEW: An EPA rule allowing states to trade emission budgets, allowing them to emit more or less pollution than their caps would otherwise permit, violated 42 U.S.C.S. § 7410(a)(2)(D)(i)(I)'s requirement that each state's contributions to downwind nonattainment areas mattered; the rule was vacated.
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