Supreme Court Clean Air Act Jurisprudence in the 2013-14 Term: Cooperative Federalism and Agency Authority

Learn more about the Supreme Court’s decisions on two fundamental issues for Clean Air Act litigation: the limits of Environmental Protection Agency authority over states, and the role of cooperative federalism in air pollution control.

 

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By Olivia Lucas, Del Ehrich, and Aaron Van Oort (Sept. 11, 2014)

The Supreme Court's latest term featured decisions on two fundamental issues for Clean Air Act litigation: the limits of Environmental Protection Agency authority over states, and the role of cooperative federalism in air pollution control. The authors see a court willing to defer to the EPA to fill gaps in the regulatory framework, but take a more cautious view of the agency's efforts to assert broad authority to regulate previously unregulated pollutants.


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