AMERICAN TRUCKING ASSOCIATIONS, INC. V. U.S. ENVIRONMENTAL PROTECTION AGENCY 175 F.3d 1027 (D.C. Cir. 1999) CASE BRIEF

AMERICAN TRUCKING ASSOCIATIONS, INC. V. U.S. ENVIRONMENTAL PROTECTION AGENCY
175 F.3d 1027 (D.C. Cir. 1999)
NATURE OF THE CASE: American (Ps) filed petitions challenging EPA's (D) final rules, which revised the primary and secondary national ambient air quality standards on the ground that D's construction of the Clean Air Act constituted an unconstitutional delegation of legislative power.
FACTS: In July 1997, EPA issued final rules revising the preliminary and secondary NAAQS (national ambient air quality standards) for particulate matter (PM) and ozone. This was opposed by a number of organizations on grounds that D construed sections 108-109 of the Clean Air Act so loosely as to render them unconstitutional delegations of legislative power. The statute required the EPA to establish NAAQS at a level to protect the public health with an adequate margin of safety.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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