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The Supreme Court Rules on the Cross-State Air Pollution Rule in EPA v. EME Homer: What’s Next for the D.C. Circuit and EPA?

The Supreme Court Rules on the Cross-State Air Pollution Rule in EPA v. EME Homer: What’s Next for the D.C. Circuit and EPA?
Product Code - EHAU03
Speaker(s): Sean H. Donahue,Donahue & Goldberg, LLP and Graham McCahan, Environmental Defense Fund
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The U.S. Supreme Court has a long, if intermittent, history of wrestling with the problem of interstate air pollution. The court’s 1907 decision in Georgia v. Tennessee Copper Co. involved the relatively straightforward problem of a single state attempting to stop air pollution from a single factory in a neighboring state. However, since the modern Clean Air Act was passed in 1970, the Congress, the Environmental Protection Agency and the courts have struggled with region-wide, trans-boundary air pollution involving a large number of sources spread out over a large number of states.

On April 29, in EPA v. EME Homer City Generation, the U.S. Supreme Court issued a 6-2 decision largely validating the cross-state air pollution rule, which was the EPA’s latest attempt to solve this persistent and complex problem. As the EME Homer City case makes its way back to the D.C. Circuit pursuant to the Supreme Court’s remand, this webinar will discuss the remaining litigation and administrative issues for the cross-state rule, as well as the potential implications of the Supreme Court’s decision for future EPA regulations under the Clean Air Act.

Educational Objectives:

•Explain the history of interstate air pollution
•Explore the cross-state air pollution rule and the EME Homer City decisions in the D.C. Circuit and the U.S. Supreme Court
•Analyze outstanding litigation and administrative issues before the cross-state rule may go into effect
•Examine the implications of the EME Homer City decision for future EPA regulations

Who Would Benefit From Attending This Program:
Environmental attorneys, environmental consultants, energy experts and other stakeholders potentially impacted by regulations under the Clean Air Act.

Program Level: Intermediate
Prerequisite: A general understanding of environmental and/or natural resource law.
CPE Delivery method: Group Internet-Based Live
Field of Study: Specialized Knowledge & Applications
Recommended CPE credit: 1.5 credit
Anticipated CLE credits: 1.5 credits (may vary based on locations requested)

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a Bloomberg BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

In addition, you’ll receive:
Personal attention. Once you’ve registered, send your questions in advance to and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
Follow-up materials. You need no materials upfront to follow along to our live conference. But Bloomberg BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
CLE and CPE credits will be available for this EHS Webinar.

Sean H. Donahue,Donahue & Goldberg, LLP and Graham McCahan, Environmental Defense Fund

Sean H. Donahue is a partner at Donahue & Goldberg, LLP in Washington, D.C. Sean’s practice is focused on appellate litigation, including environmental cases in federal and state appellate courts. Since establishing his practice in 2002, Sean participated in several significant cases in the U.S. Supreme Court, most recently successfully briefing and arguing Environmental Defense v. Duke Energy Corp. for the petitioners. His practice extends to matters in state and federal courts around the country. He has represented leading public interest environmental organizations, as well as trade organizations, local governments, and private entities. A 1992 graduate of University of Chicago Law School, Sean served as law clerk to Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the D.C. Circuit, and to Justice John Paul Stevens. He entered private practice at Jenner & Block's Washington office, then spent four years at the Department of Justice, Environmental and Natural Resources Division, Appellate Section, briefing and arguing cases in the U.S. Courts of Appeals, and state supreme courts concerning federal environmental and natural resources law, federal property law, takings and Indian law. In addition to his practice, Sean has taught courses including environmental law, natural resources law, global warming law and policy, constitutional law, and civil procedure as a visiting professor at University of Iowa College of Law, Washington and Lee University School of Law, and currently, as an adjunct professor at Georgetown University Law Center. Sean is a member of the District of Columbia bar.

Graham McCahan is a staff attorney in the Environmental Defense Fund's Boulder, Colo. office. As a member of EDF’s U.S. climate and air team, Graham works to secure clean air and support climate change mitigation through policy initiatives and strategic litigation aimed at multiple sectors (including the power and transportation sectors). Graham works with public health groups, States, environmental groups and other allies to advocate and defend efficient policies to curb emissions that are destabilizing the climate and harming human health. Prior to joining EDF, Graham spent seven years as an assistant corporation counsel with Chicago’s law department, where he worked on a wide range of environmental and public health issues affecting the city and its residents. Graham is a 2005 graduate of the University of Chicago Law School. He is a member of the Colorado bar.