Memorandum — Massachusetts v. American Trucking Assns.

Supreme Court, U.S.

FILED

At) "MAR 2 8 2000

Nos. BOP, and 99-1265

Jn the Supreme Court of :

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COMMONWEALTH OF MASSACHUSETTS AND STATE OF

NEW JERSEY, PETITIONERS

Vv.

AMERICAN TRUCKING ASSOCIATIONS, ET AL.

AMERICAN LUNG ASSOCIATION, PETITIONER

v.

AMERICAN TRUCKING ASSOCIATIONS, ET AL.

ON PETITIONS FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

MEMORANDUM FOR THE FEDERAL RESPONDENTS

SETH P. WAXMAN

Solicitor General

Counsel of Record

Department of Justice

Washington, D.C. 20530-0001

(202) 514-2217

GARY S. GUZY

General Counsel

Environmental Pri tection Agency

Washington, D.C. 20460

Jn the Supreme Court of the Gnited States

No. 99-1263

COMMONWEALTH OF MASSACHUSETTS AND STATE OF

NEW JERSEY, PETITIONERS

v.

AMERICAN TRUCKING ASSOCIATIONS, ET AL.

No. 99-1265

AMERICAN LUNG ASSOCIATION , PETITIONER

v.

AMERICAN TRUCKING ASSOCIATIONS, ET AL.

ON PETITIONS FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

MEMORANDUM FOR THE FEDERAL RESPONDENTS

The Solicitor General, on behalf of the federal respon-

dents, supports the petition for a writ of certiorari filed

by the Commonwealth of Massachusetts and the State

of New Jersey and the petition for a writ of certiorari

filed by the American Lung Association: Those peti-

tions, like the federal government’s petition in Browner

v. American Trucking Ass’ns, No. 99-1257, seek review

(1)

2

of a judgment of the United States Court of Appeals for

the District of Columbia Circuit that remands the En-

vironmental Protection Agency’s (EPA’s) final rules

revising the National Ambient Air Quality Standards

(NAAQS) for ozone and particulate matter. See Clean

Air Act § 109, 42 U.S.C. 7409.

As the federal government explained in its petition,

the court of appeals’ rulings on the nondelegation doc-

trine and the scope of EPA’s authority to implement a

revised ozone NAAQS present issues of immense prac-

tical and legal importance that have a direct impact on

the health of the American public. The petition of the

States and the petition of a major public health orga-

nization underscore those points and provide additional

information, perspective, and context for the legal

_ issues framed in the federal government’s petition.

Those petitions should therefore be granted and con-

solidated for briefing and argument with the federal

government’s petition in No. 99-1257.

Respectfully submitted.

SETH P. WAXMAN

Solicitor General

GARY S. GUZY

General Counsel

Environmental Protection Agency

MARCH 2000

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