The rule was struck down by the U.S. Court of Appeals for the District of Columbia Circuit.
The U.S. Supreme Court will consider reinstating a federal regulation intended to reduce power plant pollution that contributes to unhealthy air in neighboring states.
The court today said it will review an appeals court ruling that overturned the Environmental Protection Agency’s cross-state air pollution rule. In a 2-1 decision, a panel of the U.S. Court of Appeals for the District of Columbia Circuit said EPA exceeded its authority by imposing “massive emissions reduction requirements” on plants in upwind states.
The rule was adopted in 2011 and scheduled to go into effect last year, but power companies and several states sued to block it.
The Obama administration said the appeals court “committed a series of fundamental errors” that would undermine EPA’s enforcement of the Clean Air Act if left alone.