PDF _ RS20228 - Clean Air Standards: The Supreme Court Agrees to Review American Trucking Associations v. EPA
5-Dec-2000; Robert Meltz, James McCarthy; 6 p.

Abstract: In 1999, in American Trucking Ass?ns, Inc. v. U.S. EPA, a U.S. Court of Appeals ruled that deficiencies in EPA?s promulgation of revised national ambient air quality standards for ozone and particulate matter required that they be remanded to the agency for further consideration. The decision was controversial, in part because it relied on a long-moribund legal principle known as the nondelegation doctrine. The court?s use of this doctrine, if upheld, has implications for many delegations of congressional authority to agencies. In addition, its holding that the revised ozone ambient standard cannot be enforced has sparked debate. By itself, however, the decision is unlikely to have major short-term effects on the ozone and particulate matter control programs. In May, 2000, the Supreme Court agreed to review this decision, raising the prospect of a major pronouncement on the nondelegation doctrine, the enforceability of the revised ozone standard, and the role of compliance costs in setting nationwide air quality standards. [read report]

Topics: Air, Risk & Reform, Pollution

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