Paul Gutermann Quoted by Law360 on EPA’s Revived Cross-State Air Pollution Rule

Law360, for its article “Cross-State Rule Will Gain Power As EPA Revises Air Regs,” quoted Akin Gump environment and natural resources partner Paul Gutermann on potential issues regarding the revision of the Environmental Protection Agency’s (EPA) revived cross-state air pollution rule (CSAPR).

According to the article, an expected rewrite of the national ambient air quality standards could revitalize CSAPR, albeit through a revision for new ozone restrictions that would require a separate rulemaking process. Therefore, EPA may not wait for the new standards to be revised and move forward with implementing CSAPR as it is currently written.

Regarding the potential impact of revision on CSAPR, Gutermann noted, “It’s been sitting for so long that they’ll want to get it into effect. If they go back and try to revise it, they potentially raise new issues that can cause CSAPR’s [legality] to come into question.”