Symposium: Whitman v. American Trucking Association (PDF)

In Whitman v. American Trucking Associations, Inc., the Supreme Court upheld traditional interpretations of §109 of the Clean Air Act, ruling that EPA may consider only public health and safety in setting ambient air quality standards and it may not engage in a cost-benefit analysis, as urged by industry groups. Also, contrary to the decision of the D.C. Circuit, the high Court ruled that EPA’s interpretation of its authority to set standards did not amount to an unconstitutional delegation of legislative authority. The Court also held that EPA’s implementation policy constituted a final agency action subject to judicial review and that two statutory provisions for ozone, Subpart I and Subpart 2, were seemingly in conflict and EPA must reconcile these provisions on remand. (For the full text of the opinion, see page 377, infra. For a summary of the Court’s decisions, see page 283, infra).  What follows are analyses of the Court’s decision by members of the EPAALR Board of Advisors.

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