Documents

Appendix — Gurley v. United States

Supreme Court brief · Appendix · 1995

When they would not do so, EPA cleaned up the site under Section 311 of the Clean Water Act. … listed under Section 307(a) of the Federal Water Pollution Control Act, (E) any hazard- ous air pollutant listed under Section 112 of the Clean Air Act, and (F) any imminently hazardous chemical

Reply Brief — Whitman v. American Trucking Assns., Inc.

Supreme Court brief · Reply Brief · 2001

The court ruled that Section 109 of the Clean Air Act (CAA), 42 U.S.C. 7409, as interpreted by EPA in setting revised National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter … The court stated, “we find that the construction of the Clean Air Act on which EPA relied in promulgating the NAAQS at issue here effects an unconstitutional delegation of legis- lative power.”

Petition for Writ of Certiorari — Certain Real Property v. United States

Supreme Court brief · Petition for Writ of Certiorari · 2010

Air Act, 42 U.S.C. § 7401. … At 1929 Appendix A-19 Clean Air Act, 42 U.S.C. § 7401. Id. at 553, 106 5. Ct. at 3092. The Third Circuit affirmed. /d. at 556, 106 S. Ct. at 3093.

Amicus Curiae Brief — Gulf States Steel, Inc. v. LTV Corp., 113 S. Ct. 661 (1992) (No. 92-732)

Supreme Court brief · Amicus Curiae Brief · 1992

Feb. 20, The Alabama Department of Environmental Management (“ADEM”) has been delegated and designated as the authorized state agency responsible for enforcement of: (1) the Federal Clean Air Act, 42 … U.S.C. § 7401 et seq., as amended; (2) the Federal Clean Water Act, 33 U.S.C. § 1251 et seq., as amended; and (3) the Solid Waste Disposal Act, 42 U.S.C. § 3251 et seq., as amended, and including 42

Petition for Writ of Certiorari — Parker v. Cargill, Inc.

Supreme Court brief · Petition for Writ of Certiorari · 1970

’ Compensa- tion Act as against Dravo Corporation. … ‘The cleaning operation required to cut holes in the bottom of the barge for drainage and gen- erally when plates are put over the holes at the completion of the cleaning operation an air test is performed

Petition for Writ of Certiorari — South Carolina Medical Ass'n v. Thompson

Supreme Court brief · Petition for Writ of Certiorari · 2003

In American Trucking, the Court rejected a nondelegation challenge to the EPA Administrator’s promulgation of a national ambient air quality standard pursuant to the Clean Air Act, 42 U.S.C. §§ 7407 … The Court concluded that the Clean Air Act provided the necessary “intelligible principle” because the Act both identified the factors relevant and not relevant to the Administrator’s selection of

Amicus Curiae Brief — West Virginia, et al., Petitioners v. Environmental Protection Agency, et al.

Supreme Court brief · Amicus Curiae Brief · Jan 25, 2022

The Clean Air Act (“the Act”) confers unmistakable authority to the EPA to regulate GHG emissions from power plants. … The Clean Air Act entrusts the EPA to protect U.S. national parks The Clean Air Act guards the unique values of national parks and establishes mechanisms for mitigating their vulnerabilities.

Amicus Curiae Brief — Volkswagen Aktiengesellschaft, et al., Petitioners v. Ohio, ex rel. Dave Yost, Attorney General

Supreme Court brief · Amicus Curiae Brief · Sep 30, 2021

The Clean Air Act Expressly Preempts State And Local Regulation Of PostSale Emission-System Updates ..................... 17 B. … One of the reasons Congress gave the EPA that authority in the Clean Air Act is because a different regime would be unworkable.

Opposition Brief — Torwico Electronics, Inc. v. New Jersey Department of Environmental Protection & Energy

Supreme Court brief · Opposition Brief · 1994

Although ECRA does not impose an independent duty to clean up the property during a period of operation, the owner cannot walk away after deciding to cease operations without developing and implementing … > Petitioner’s comments are misleading when citing Superior Air Products. "New Jersey courts have concluded that ECRA and the Spill Act apply “in pari materia.” (Pet. Brief at 16, n. 5).

Brief of Beech Aircraft Corporation in Opposition to Petition — Prashker v. Beech Aircraft Corp.

Supreme Court brief · Brief of Beech Aircraft Corporation in Opposition to Petition · 1958

The negligent 7. character of these acts was established by Petitioners’ own * - expert testimony, by Prashker’s violation of applicable Civil Air Regulations and by. evidence of Prashker’s dis- 14 … + Argument 33 of the air e inereases (17b). Prashker was aware that the Bonanza was a clean airplane (17b). . PX 13, a booklet entitled ‘* Air Facts’?

Petition for Writ of Certiorari — Apex Oil Co. v. United States

Supreme Court brief · Petition for Writ of Certiorari · 2010

| ( rk () ’ { ) ( ) North ‘Terminal air Ketining acquire he imiford Retin I qd termin Piasa ) (Uncontroverted act at Para I?) ARCO retaimed the Pumping S at Para 12). … Lyi Lie daa thie ample indoor air concentraty Pterioy.

Opposition Brief — Pacific Lumber Co. v. Marbled Murrelet

Supreme Court brief · Opposition Brief · 2000

((CWA")) The fee shifting language of the CWA was virtuaily identical to that of the Clean Air Act And as with the Clean Ai Act, Congress made clear that the “whenever... appropriate” Linguage was … Tunney) ~ In 1977 Congress enacted the Surface Mining Control and Reclamation Act, which includes a citizen suit: provision modeled after similar provisions in the Clean Air Act and other environmental

Opposition Brief — Steel Co. v. Citizens for a Better Environment

Supreme Court brief · Opposition Brief · 2001

Air Act, Clean Waiter Act, Endangered Species Act and other environmental laws. … it from the statute [Clean Air Act] in Delaware Valley.”

Petition for Writ of Certiorari — Medina v. United States

Supreme Court brief · Petition for Writ of Certiorari · 1999

Air Act. … In the United States, the Clean Air Act was amended to prohibit the importation of R- 12 into the United States without an allowance from the EPA during the phase-out period.

Petition for Writ of Certiorari — Smiland Paint Co. v. Environmental Protection Agency

Supreme Court brief · Petition for Writ of Certiorari · 1998

Environmental Protection Agency (“EPA”) has nondiscretionary duties under Section 183(e) of the Clean Air Act (the “AA ), 42 USC. … Shep Melnick, Regulation and the Courts: The Case of the Clean Air Act (Brookings Inst. 1983) at 365.

Amicus Curiae Brief — Atlantic Richfield Co. v. Union Oil Co. of California

Supreme Court brief · Amicus Curiae Brief · 2001

The first policy, reflected in the federal Clean Air Act, is to produce clean reformulated gasoline in an affordable manner. … The Congress of the United States adopted the Clean Air Act, 42 U.S.C. § 7401 et seq., with the clear purpose in mind "to protect and enhance the quality of the Nation's air resources so as to promote

Reply Brief — Tennessee Valley Authority v. Environmental Protection Agency (Nos. 75-774, 75-787)

Supreme Court brief · Reply Brief · 1975

(2) The Legislative History of Subsequent Amendments to the Clean Air Act Does Not Support EPA's Position. … This provision was enacted as section 119 of the Clean Air Act, 42 U.S.C. § 1857c-10 (Supp. IV, 1974).

Petition for Writ of Certiorari — Medina v. United States

Supreme Court brief · Petition for Writ of Certiorari · 1999

Air Act. … In the United States, the Clean Air Act was amended to prohibit the importation of R- 12 into the United States without an allowance from the EPA during the phase-out period.

Amicus Curiae Brief — Alcan Foil Products Division of Alcan Aluminum Corp. v. United States

Supreme Court brief · Amicus Curiae Brief · 1990

Regulations promulgated pursuant to the Clean Air Act provide that a SIP revision submitted to the EPA must have already been adopted by the state in final form. 40 CFR 51.104(d). … Alean worked with the local agency to develop a bubble plan applicable to its facility, following a hearing at which the general public had an opportunity to comment.

Reply Brief — Oklahoma, et al., Applicants v. Environmental Protection Agency, et al.

Supreme Court brief · Reply Brief · Sep 24, 2024

As State-Applicants explained, the Rule violates Section 111(d) of the Clean Air Act by imposing “presumptive standards of performance” that States must rebut to avoid EPA imposing a federal plan on the … To begin, the unlawful Section 111(d) component of the Rule harms the public’s interest in the Clean Air Act’s cooperative-federalism regime— including as embodied in Section 111(d)—by allowing States