D.C. Circuit Court of Appeals

The Montreal Protocol Is Not A Climate Change Statute

New EPA Regulation To Cut Emissions From Coal-Fired Plants In US

Earlier this week, the D.C. Circuit Court of Appeals struck down part of an EPA rule promulgated pursuant to the Montreal Protocol.

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The Clean Air Act’s good neighbor provision prohibits upwind states from emitting air pollutants in amounts that will “contribute significantly to nonattainment” of a national ambient air quality standard in a downwind state.