Until the case is decided, the Cross-State Air Pollution Rule (CSAPR) is stayed. Since the initial court decision on December 30, 2011, EPA has reinstated the emission allowances under the Clean Air Interstate Rule (CAIR) effective January 10, 2012. Affected facilities must continue compliance with the CAIR requirements while the courts decide on the Cross State rule.
The court also required preliminary arguments on the case to be submitted by January 17, 2012. One day after the initial plaintiff submittals were received, the court denied several requests from states, utilities and other groups to split their briefings and proceeded to set a schedule for expedited briefings that is faster than requested by any of the stakeholders, including EPA.
The court action will press industry and state petitioners to consolidate arguments on the broader legal challenges of the rule’s scope with those that target specific issues within the requirements. Initial briefs from Plaintiffs are due by February 9, 2012, while Intervenors are due February 14, 2012. EPA’s response brief is due March 3, 2012, while Intervenors supporting EPA must submit by March 6, 2012.
The court has scheduled to hear oral arguments in the case for April 13, 2012. According to an order by the U.S. Court of Appeals for the District of Columbia, Circuit Judges Judith W. Rogers, Thomas B. Griffith, and Brett M. Kavanaugh will hear the case, the same three judges that issued the order to stay the rule.