Michigan v. U.S. Environmental Protection Agency

The U.S. Court of Appeals for the District of Columbia Circuit largely upheld an Environmental Protection Agency (EPA) rule mandating that twenty-two states and the District of Columbia revise their state implementation plans (SIPs) to reduce nitrogen oxide emissions in order to mitigate nonattainme...

Full description

Saved in:
Bibliographic Details
Published in:Ecology law quarterly 2001-01, Vol.28 (2), p.275-296
Main Author: Brodeur, Nathan J.
Format: Article
Language:English
Subjects:
Air quality
Clean Air Act
Court costs
Emissions reduction
Environmental agencies
Federalism
Ozone
Petitioners
Pollutant emissions
Trucking
USA
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The U.S. Court of Appeals for the District of Columbia Circuit largely upheld an Environmental Protection Agency (EPA) rule mandating that twenty-two states and the District of Columbia revise their state implementation plans (SIPs) to reduce nitrogen oxide emissions in order to mitigate nonattainment of ozone standards in downwind states. Although ostensibly a major legal victory for the EPA, the decision may in fact be a mixed blessing for the agency. The court's approval of EPA's consideration of emissions reduction costs in formulating the rule, coupled with the court's failure to adequately address the federalism concerns raised by the rule, may ultimately undermine the agency's ability to protect public health and the environment.
ISSN:0046-1121