OCTOBER TERM, 2013 Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has beenprepared by the Reporter of Decisions for the convenience of the reader. See
Detroit Timber & Lumber Co.,
200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
. EME HOMER CITY GENERATION, L. P.,
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 12–1182. Argued December 10, 2013—Decided April 29, 2014* Congress and the Environmental Protection Agency (EPA or Agency)have, over the course of several decades, made many efforts to deal with the complex challenge of curtailing air pollution emitted in up-wind States, but causing harm in other, downwind States. As rele-vant here, the Clean Air Act (CAA or Act) directs EPA to establishnational ambient air quality standards (NAAQS) for pollutants atlevels that will protect public health. 42 U. S. C. §§7408, 7409. Once EPA settles on a NAAQS, the Agency must designate “nonattain-ment” areas,
locations where the concentration of a regulated pol-lutant exceeds the NAAQS. §7407(d). Each State must submit a State Implementation Plan, or SIP, to EPA within three years of any new or revised NAAQS. §7410(a)(1). From the date EPA determines that a State SIP is inadequate, the Agency has two years to promul-gate a Federal Implementation Plan, or FIP. §7410(c)(1). Amongother components, the CAA mandates SIP compliance with the GoodNeighbor Provision, which requires SIPs to “contain adequate provi-sions . . . prohibiting . . . any source or other type of emissions activitywithin the State from emitting any air pollutant in amounts which will . . . contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any . . . [NAAQS].”§7410(a)(2)(D)(i). Several times over the past two decades, EPA has attempted todelineate the Good Neighbor Provision’s scope by identifying when —————— *Together with No. 12–1183,
American Lung Association et al.
EME Homer City Generation, L. P., et al.,
also on certiorari to the same court.