# Memorandum — Massachusetts v. American Trucking Assns.

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URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_1456%3A11

## Record

- **Collection:** Supreme Court brief
- **Document type:** Memorandum
- **Published:** January 1, 2001
- **Citation:** 532 U.S. 901

## Text

Supreme Court, U.S.
FILED

At) "MAR 2 8 2000

Nos. BOP, and 99-1265

Jn the Supreme Court of :

ae ee @&

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385017_1456%3A11. Public record. Not legal advice.