Util. Air Regulatory Group v. EPA (573 U.S. 302)
U.S. Supreme Court · decided June 23, 2014 · Supreme Court Database (Spaeth)
- Citation
- 573 U.S. 302 · 134 S. Ct. 2427
- Decided
- June 23, 2014
- Term
- October Term 2013
- Vote
- 7–2
- Majority author
- Justice Scalia
- Issue area
- Economic Activity
- Disposition
- Affirmed and reversed (or vacated) in part
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2013 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus UTILITY AIR REGULATORY GROUP v. ENVIRONMENTAL PROTECTION AGENCY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 12–1146. Argued February 24, 2014—Decided June 23, 2014 * The Clean Air Act imposes permitting requirements on stationary sources, such as factories and powerplants. The Act’s “Prevention of Significant Deterioration” (PSD) provisions make it unlawful to con- struct or modify a “major emitting facility” in “any area to which [the PSD program] applies” without a permit. §§7475(a)(1), 7479(2)(C). A “major emitting facility” is a stationary source with the potential to emit 250 tons per year of “any air pollutant” (or 100 tons per year for certain types of sources). §7479(1). Facilities seeking to qualify for a PSD permit must, inter alia, comply with emissions limitations that reflect the “best available control technology” (BACT) for “each pollu- tant subject to…
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