On February 6, in what might indicate a desire by EPA to more strictly enforce environmental regulations, the U.S. Solicitor General dismissed the EPA’s position in a case currently before the U.S. Supreme Court. That case, EPA v. State of New Jersey, challenged EPA’s ability to take power plants off of a list of air emissions sources regulated under the federal Clean Air Act despite not having made certain health and environment determinations required by the Act. The District of Columbia Circuit Court of Appeals held that EPA could not delist power plants without making those findings. EPA had appealed to the Supreme Court, but now appears to be taking the view of the Court of Appeals. Importantly, there is another challenger to the Court of Appeal’s opinion, so that case is currently still before the Supreme Court.
To see the opinion of the D.C. Court of Appeals, please click here: http://pacer.cadc.uscourts.gov/docs/common/opinions/200802/05-1097a.pdf.
Posted on
Mon, February 16, 2009
by RWCS