Documents

Briefs, oral arguments, agency decisions and the Federal Register.

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  • Oral argument — Michigan v. EPA

    Oral argument · Oral argument · Mar 25, 2015

    First, regarding the nature of power plant regulation under the Clean Air Act. Second, the language of Subsection N1A. And third, the broader Clean Air Act context. … Section 7607D1C of the Clean Air Act lists subsection N as one of the provisions that requires notice and comment rulemaking under the special Clean Air Act procedures.

    92 min of audio
  • Oral argument — Merrell v. Barnhart

    Oral argument · Oral argument · Nov 4, 2004

    The start of the analysis for the period prior to 1999, the ALJ acknowledged that Ms. Merrill was disabled during that period. … We have the law, we have regulations, those are subject to notice and public comment.

    19 min of audio
  • Oral argument — Murray Energy Corporation v. EPA

    Oral argument · Oral argument · Dec 18, 2018

    And allowing those harmful exposures to continue without areas having to clean up the air isn't consistent with the Clean Air Act. … Your Honors, the Clean Air Act does not require EPA to raise an act because of background solution.

    97 min of audio
  • Oral argument — Native Village of Kivalina v. ExxonMobil Corporation

    Oral argument · Oral argument · Nov 28, 2011

    Air Act. … And the remedies point is one that Congress made a decision in the Clean Air Act.

    38 min of audio
  • Oral argument — State of New York v. EPA

    Oral argument · Oral argument · Nov 28, 2018

    The regulatory hook that EPA used for that was the good neighbor provision in the Clean Air Act, correct? Yes. … In addition, there's the Clean Air Act, which also sets bounds for EPA's discretion.

    39 min of audio
  • Oral argument — Ute Indian Tribe v. EPA

    Oral argument · Oral argument · Jan 21, 2026

    Air Act. … The Clean Air Act claim would be... Right. So here, our position is the Clean Air Act imposes no such duty. Had it imposed such a duty, they could bring such a claim, but it does not.

    30 min of audio
  • Oral argument — Sagome v. Cincinnati Insurance Company

    Oral argument · Oral argument · Nov 15, 2022

    A couple of comments about that I think are appropriate. … I was cleaning the floor.

    30 min of audio
  • Oral argument — Romoland School Dist v. Inland Empire Energy

    Oral argument · Oral argument · Mar 3, 2008

    It is a creature of both federal law under the Federal Clean Air Act, and it is also a creature of state law under the California Clean Air Act. … So as EPA confirmed in its responses to comments, comments that the plaintiffs submitted, the district has discretion within the Clean Air Act framework to choose who the offsets go to, because that does

    47 min of audio
  • Oral argument — Heating, Air-Conditioning, & Refrigeration Dist v. EPA

    Oral argument · Oral argument · Nov 18, 2022

    The Clean Air Act General? Yes. How about transshipment rules? I believe it would as well. The Clean Air Act General? I believe so. … I think all of those would be potentially available under the Clean Air Act, which is incorporated under the Clean Air Act, yes. But no labeling or batch testing.

    90 min of audio
  • Oral argument — Natural Resources Defense Coun

    Oral argument · Oral argument · Feb 13, 2018

    Circuit explained in Clean Air Counsel, the status quo isn't the status quo the existing CAFE standards? … Circuit and Clean Air Council and other courts that have addressed these questions have emphasized that the underlying reconsideration is entirely proper.

    16 min of audio
  • Oral argument — Mexichem Fluor, Inc. v. EPA

    Oral argument · Oral argument · Feb 17, 2017

    So if CFCs are in use, as they were at one time, EPA could say, as CFCs are phased out under Title VI of the Clean Air Act, these are the permissible replacements. … Acting pursuant to Section 612 of the Clean Air Act and EPA's implementing regulations, EPA restricted the use of certain chemicals, primarily HFCs, which were approved in the 1990s as substitutes for

    48 min of audio
  • Oral argument — State of Arizona ex rel. v. USEPA

    Oral argument · Oral argument · Mar 9, 2015

    Air Act, it has no authority to promulgate a FIP. … EPA has long used the cost manual and its overnight methodology to calculate cost-effectiveness figures for sources under the Clean Air Act.

    66 min of audio
  • Oral argument — Riley v. City of Metropolis, Illinois

    Oral argument · Oral argument · Jul 27, 2016

    The EMTs did everything they could to constantly housekeeping to clean the property. When it rained, they put fans up, tried to air the property. One part of the property was actually quarantined. … So does that mean cleaning the vents and cleaning the ducts and air conditioning? No, I don't think it means that. I think the cleaning is a responsibility of the lessee.

    36 min of audio
  • Oral argument — Maryland Chapter of the Sierra Club v. Federal Highway Administration

    Oral argument · Oral argument · Jan 28, 2025

    when it relies on the exact Clean Air Act regulations and statute that sets forth the substantive requirements for this. … The Clean Air Act is such a comprehensive statute, you can go onto EPA's website, airnow.com, and literally look at hour by hour levels of PM2.5 everywhere in the country.

    49 min of audio
  • Oral argument — Dalton Trucking, Inc. v. USEPA

    Oral argument · Oral argument · Jan 22, 2021

    requirements of the Clean Air Act. … And in particular, the very special rulemaking requirements under Section 7607D of the Clean Air Act, which only applies certain identified enlisted EPA actions.

    43 min of audio
  • Oral argument — Larry Klein v. US DOE

    Oral argument · Oral argument · Jan 30, 2014

    It goes down sometimes, it goes up sometimes, and the end of the study period, 2006 to 2008, was a down period. We can certainly expect that it will go up. … I know it's a little odd to think of this in the abstract, but it's because it's NEPA and not the Clean Water Act or the Clean Air Act, which has a substantive component.

    44 min of audio
  • Oral argument — State of North Dakota v. Regina McCarthy

    Oral argument · Oral argument · Mar 16, 2017

    It affects states because the Clean Air Act is based upon a cooperative federalism mechanism in the entire statute, and that is the... … In addition to being entered in it without our consent, the consent decree violates the plain language of the Clean Air Act.

    41 min of audio
  • Oral argument — Lindemulder v. Board of Trustees of the Naperville Firefighters' Pension Fund

    Oral argument · Oral argument · Dec 16, 2010

    So the rest of the air comes from the ambient air, regardless of where they are. And if it's in a fire, then that's where it's coming from. … She might feel ill for a short period of time, but then go back to her baseline.

    34 min of audio
  • Oral argument — American Food Systems, Inc. v. Firemans Fund Insurance Company

    Oral argument · Oral argument · Dec 9, 2021

    Before I get into my comments, I did want to jump back, if I could, to the risk questions that were raised by Judge Barron and by Judge Thompson. … So it's the continued, even though COVID itself may die after a certain period of time, we say it's an extended period of time.

    40 min of audio
  • Oral argument — Hall Street Associates v. Mattel, Inc.

    Oral argument · Oral argument · Jul 25, 2006

    The Clean Air Act and the Clean Water Act regulate pollutants that are emitted in our industrial society to contaminate the environment. … Everybody agrees that Hall Street did not test the water for a period of many years in violation of the Oregon Drinking Water Quality Act.

    42 min of audio

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