GenOn REMA, L.L.C. v. U.S. Environmental Protection Agency, No. 12-1022; Third Circuit; opinion by Fuentes, U.S.C.J.; filed July 12, 2013. Before Judges Fuentes, Chagares and Barry. On petition for review of final agency action of the U.S. Environmental Protection Agency (EPA-HQ-OAR-2011-0081). DDS No. 17-8-0779 [29 pp.]

Portland Generating Station is a 427-megawatt, coal-fired, electricity-generating plant located in Upper Mount Bethel Township in Northampton County, Pa. Portland is directly across the Delaware River within 500 feet of Knowlton Township in Warren County. The Environmental Protection Agency (EPA) has found that Portland emits sulfur dioxide in amounts that significantly interfere with the control of air pollution across state borders. Sulfur dioxide is a toxic air pollutant that endangers life and health, causing burning of the nose and throat, difficulty breathing, and obstruction of the lungs and airways. Because of its location, Portland's sulfur dioxide emissions travel directly across the river into areas of New Jersey.