On Tuesday December 10, 2013, two of the biggest environmental cases of this decade will be heard by the U.S. Supreme Court and the United States Court of Appeals for the D.C. Circuit. At the Supreme Court, the justices will hear argument in American Lung Association et al. v. EME Homer City Generation. The Homer City case will decide the fate of EPA's Cross-State Air Pollution Rule (CSAPR). In the D.C. Circuit, a three-judge panel will hear argument in White Stallion Energy Center v. U.S. EPA. The White Stallion case will decide the fate of EPA's Mercury and Air Toxics Standards Rule (MATS).
These two cases represent one of the biggest pieces of President Obama's environmental legacy: protecting communities from harmful and toxic air pollution. The Cross-State Rule is predicted to save up to 34,000 lives per year (http://www.epa.gov/crossstaterule/). The MATS Rule is predicted to save up to 11,000 lives per year and prevent over 100,000 heart and asthma attacks per year (http://www.epa.gov/mats/pdfs/20111221MATSimpactsfs.pdf).
The Sierra Club is a party to both cases, defending the Cross-State Rule, defending the strong aspects of the MATS Rule, and challenging the weak aspects of the MATS Rule. ELP attorney Sanjay Narayan will be arguing the MATS Rule in the D.C. Circuit, along with lawyers from allied NGOs. ELP attorney Zack Fabish is counsel in the Cross-State Rule case; the US Solicitor General is arguing that case in the Supreme Court. For the Sierra Club's principal briefs in these cases, please click here and here.