1. Home
  2. Browse Decisions
  3. U.S.
  4. 540 U.S.
  5. 540 U.S. 461 (2004)
 

ALASKA DEPT. OF ENVIRONMENTAL CONSERVATION v. EPA

No. 02-658.

540 U.S. 461 (2004)

ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION v. ENVIRONMENTAL PROTECTION AGENCY ET AL.

Supreme Court of United States.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Jonathan S. Franklin argued the cause for petitioner. With him on the briefs were John G. Roberts, Jr., Lorane F. Hebert, Gregg D. Renkes, Attorney General of Alaska, and Cameron M. Leonard, Assistant Attorney General. Robert J. Mahoney, Robert T. Connery, and Marcy G. Glenn filed briefs in support of petitioner for Teck Cominco Alaska Inc., respondent under this Court's Rule 12.6.

Deputy Solicitor General Hungar argued the cause for respondents. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Johnson, Deputy Solicitor General Kneedler, James A. Feldman, Andrew J. Doyle, Robert E. Fabricant, Carol S. Holmes, and Juliane R. B. Matthews.*

GINSBURG, J., delivered the opinion of the Court, in which STEVENS, O'CONNOR, SOUTER, and BREYER, JJ., joined. KENNEDY, J., filed a dissenting opinion, in which REHNQUIST, C.J., and SCALIA and THOMAS, JJ., joined, p. 502.

JUSTICE GINSBURG delivered the opinion of the Court.

This case concerns the authority of the Environmental Protection Agency (EPA or Agency) to enforce the provisions of the Clean Air Act's (CAA or Act) Prevention of Significant Deterioration (PSD) program. Under that program, no major air pollutant emitting facility may be constructed unless the facility is equipped with "the best available control technology" (BACT). As...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases