Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Alaska Dept. of Environmental Conserv. v. EPA

Docket No.: 02-658
Certiorari Granted: Feb 24 2003
Argued: October 8, 2003
Decided: January 21, 2004

Topics:

Clean Air, Economic Activity, Federalism, Natural Resources, Natural Resources, ADA, Administrative Procedure, Americans with Disabilities Act, Article I, Clean Air Act, Due Process, EPA, Environmental Protection Agency, Medicaid, Natural Resources, Title VII, abuse of discretion, disparate impact, disparate treatment, judicial review, separation of powers

PartyNames: Alaska Department of Environmental Conservation v. Environmental Protection Agency, et al.
Petitioner: Alaska Department of Environmental Conservation
Respondent: Environmental Protection Agency, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 298 F.3d 814. QUESTION PRESENTED Whether the Ninth Circuit erred in upholding the EPA's assertion of authority tosecond-guess a permitting decision made by the State of Alaska-which had been delegated permitting authority under the Clea n Air Act, 42 U.S.C. §§ 7401 et seq.-in conflict with decisions of this Court and other federal courts of appeals establishing the division of federal-stat e jurisdiction under the Act and similar statutory programs.
Supreme Court Docket

Alaska Department of Environmental Conservation
v.
Environmental Protection Agency, et al.
540 U.S. 461 (2004)
Question:

Under the Clean Air Act, does the Environmental Protection Agency have the authority to overrule a state agency's decision that a company is using the "best available controlling technology" to prevent pollution?

Note:

. CA 9, 298 F.3d 814. QUESTION PRESENTED Whether the Ninth Circuit erred in upholding the EPA's assertion of authority tosecond-guess a permitting decision made by the State of Alaska-which had been delegated permitting authority under the Clea n Air Act, 42 U.S.C. §§ 7401 et seq.-in conflict with decisions of this Court and other federal courts of appeals establishing the division of federal-stat e jurisdiction under the Act and similarstatutory programs. CERT. GRANTED: 2/24/03

Alaska Dept. of Environmental Conserv. v. EPA
ORAL ARGUMENT

October 8, 2003

Holding: affirmed
Decision: Decision: 5 votes for EPA, 4 vote(s) against
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)