WHITMAN, ADMINISTRATOR OF ENVIRONMENTAL PROTECTION AGENCY, et al.
v.
AMERICAN TRUCKING ASSOCIATIONS, INC., et al.
United States Supreme Court.https://leagle.com/images/logo.png
Argued November 7, 2000.
Decided February 27, 2001.
Attorney(s) appearing for the Case
Solicitor General Waxman argued the cause for petitioners in No. 99-1257 and federal respondents in No. 99-1426. With him on the briefs were Assistant Attorney General Schiffer, Deputy Solicitor General Wallace, Jeffrey P. Minear, Christopher S. Vaden, David J. Kaplan, Mary F. Edgar, Gary S. Guzy, Gerald K. Gleason, and Michael L. Goo.
Edward W. Warren argued the cause for American Trucking Associations et al., respondents in No. 99-1257 and cross-petitioners in No. 99-1426. With him on the briefs were Robert R. Gasaway, Jeffrey B. Clark, Daryl Joseffer, Charles Fried, Robin S. Conrad, Beth L. Law, Robert S. Digges, Gary H. Baise, David M. Friedland, Erika Z. Jones, Timothy S. Bishop, Jan S. Amundson, Dimetria G. (Jim) Daskal, Douglas I. Greenhaus, and Chet M. Thompson. Judith L. French, Assistant Attorney General of Ohio, argued the cause for respondents State of Ohio et al. in No. 99-1257. With her on the brief in No. 99-1257 and on the briefs for State of Ohio et al., respondents in support of crosspetitioners in No. 99-1426, were Betty D. Montgomery, Attorney General, Edward B. Foley, State Solicitor, Elise W. Porter, Frank J. Reed, Jr., and James G. Tassie, Assistant Attorneys General, Mark J. Rudolph, Jennifer M. Granholm, Attorney General of Michigan, Thomas Casey, Solicitor General, and Alan F. Hoffman and Pamela J. Stevenson, Assistant Attorneys General. Thomas F. Reilly, Attorney General of Massachusetts, Edward G. Bohlen, Assistant Attorney General, Lisa Heinzerling, John J. Farmer, Attorney General of New Jersey, and Howard L. Geduldig and John R. Renella, Deputy Attorneys General, filed briefs for the Commonwealth of Massachusetts et al., respondents in support of petitioners in No. 99-1257 and respondents in No. 99-1426. Howard I. Fox filed briefs for the American Lung Association, respondent in support of petitioners in No. 99-1257 and respondent in No. 99-1426. Henry V. Nickel, F. William Brownell, Lucinda Minton Langworthy, David E. Menotti, William F. Pedersen, Jeffrey A. Knight, G. William Frick, M. Elizabeth Cox, Russel S. Frye, Richard Wasserstrom, Grant Crandall, David F. Zoll, Alexandra Dapolito Dunn, Julie Becker, Harold P. Quinn, Jr., Newman R. Porter, David M. Flannery, and Kurt E. Blase filed briefs for Appalachian Power Co. et al., respondents in No. 99-1257 and respondents in support of cross-petitioners in No. 99-1426. Robert E. Yuhnke filed a brief for Citizens for Balanced Transportation et al., respondents in No. 99-1426.†
Scalia, J., delivered the opinion of the Court, Parts I and IV of which were unanimous, Part II of which was joined by Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, Thomas, and Ginsburg, JJ., and Part III of which was joined by Rehnquist, C. J., and O'Connor, Kennedy, Thomas, Ginsburg, and Breyer, JJ. Thomas, J., filed a concurring opinion, p. 486. Stevens, J., filed an opinion concurring in part and concurring in the judgment, in which Souter, J., joined, p. 487. Breyer, J., filed an opinion concurring in part and concurring in the judgment, p. 490.
United States Supreme Court.
Justice Scalia, delivered the opinion of the Court.
These cases present the following questions: (1) Whether § 109(b)(1) of the Clean Air Act (CAA) delegates legislative power to the Administrator of the Environmental Protection Agency (EPA). (2) Whether the Administrator may consider the costs of implementation in setting national ambient air quality standards (NAAQS) under § 109(b)(1). (3) Whether the Court of...
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