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MICHIGAN v. EPA

Docket No.: 14-46
Certiorari Granted: 11/25/2014
Argued: March 25, 2015
Consolidated with: Docket No. 14-47, 14-49

Topics:

Administrative Procedure, Article I, Clean Air Act, EPA, Environmental Protection Agency, Fourth Amendment, Natural Resources, Necessary and Proper, Vesting Clause, judicial review, probable cause

PartyNames: Michigan, et al. v. Environmental Protection Agency, et al.
Petitioner: Michigan, et al.
Respondent: Environmental Protection Agency, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 748 F.3d 1222
Supreme Court Docket

Michigan, et al.
v.
Environmental Protection Agency, et al.
Consideration Limited:

GRANTED LIMITED TO THE FOLLOWING: QUESTION: WHETHER THE ENVIRONMENTAL PROTECTION AGENCY UNREASONABLY REFUSED TO CONSIDER COSTS IN DETERMINING WHETHER IT IS APPROPRIATE TO REGULATE HAZARDOUS AIR POLLUTANTS EMITTED BY ELECTRIC UTILITIES.

Question Presented:

The Clean Air Act treats electric utilities differently from other sources of hazardous air pollutants. Other sources are required to limit their emissions if they exceed quantitative thresholds. 42 U.S.C. 7412(c)(1) & (d)(1). By contrast, before EPA regulates hazardous air pollutants from electric utilities, it must first conduct a study of the hazards to public health resulting from those emissions even after imposition of all the other requirements of the Clean Air Act, and then decide whether it is "appropriate and necessary" to regulate such residual emissions under Section 7412 after considering the results of the study. 42 U.S.C. 7412(n)(1)(A). The question for the Court is: Whether EPA's interpretation of "appropriate" in 42 U.S.C. 7412(n)(1)(A) is unreasonable because it refused to consider a key factor (costs) when determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.

MICHIGAN v. EPA
ORAL ARGUMENT

March 25, 2015

Listen to Oral Argument in MICHIGAN v. EPA
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