EPA’s Proposed Transport Rule Under the Clean Air Act — The First in a Series of Expensive Rules

On July 6, 2010, the Environmental Protection Agency (“EPA”) released its proposed Transport Rule1 which would replace the EPA’s Clean Air Interstate Rule (“CAIR”).2 The proposed Transport Rule is expected to be finalized in the late spring of 2011 and would require 31 eastern states and the District of Columbia to reduce power plant emissions that contribute to ozone and fine particle pollution in other states.