WHITMAN V. AMERICAN TRUCKING ASSOCIATIONS, INC.
531 U.S. 457 (2001)
NATURE OF THE CASE: This was a dispute over whether 109(b)(1) of the Clean Air Act
delegates legislative power to the EPA and if the EPA can consider the costs of
implementation for NAAQS.
FACTS: Section 109(a) of the Clean Air Act requires the Administrator of the EPA to
promulgate National Ambient Air Quality Standards (NAAQS) for each air pollutant for which
'air quality criteria' have been issued under 108, 42 U. S. C. 7408. The Administrator
must review the standard 'at five-year intervals' and make 'such revisions ... as may be
appropriate.' American Trucking Associations, Inc., et al (P)-challenged the new standards
in the Court of Appeals for the District of Columbia Circuit, pursuant to 42 U. S. C.
7607(b)(1). The District Court agreed that 109(b)(1) delegated legislative power to the
Administrator in contravention of the United States Constitution, Art. I, 1, because it
found that the EPA had interpreted the statute to provide no 'intelligible principle' to
guide the agency's exercise of authority. The court thought that the EPA could perhaps avoid
the unconstitutional delegation by adopting a restrictive construction of 109(b)(1), so
instead of declaring the section unconstitutional the court remanded the NAAQS to the
agency. Eventually, the Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment