Documents

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

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  • Oral argument — Sierra Club v. EPA

    Oral argument · Oral argument · Sep 19, 2017

    First, the 2015 hotspot guidance is not final action of the administrator, as is required for jurisdiction under Section 307 of the Clean Air Act. … It argues in that case that the conformity determination does not comply with the Clean Air Act.

    44 min of audio
  • Oral argument — Detroit International Bridge v. Government of Canada

    Oral argument · Oral argument · Oct 19, 2015

    This would be under Clean Water Act Section 404 oftentimes because the construction of a bridge may involve dredging, filling. … I thought it was an example because I gave you the example of FERC issuing conditional permits subject to Clean Air, Clean Water Act type approval. Certainly, Your Honor.

    73 min of audio
  • Oral argument — Little v. Louisville Gas and Electric

    Oral argument · Oral argument · Aug 6, 2015

    Air Act. … Air Act and the Clean Water Act.

    36 min of audio
  • Oral argument — Natural Resources Defense Coun v. EPA

    Oral argument · Oral argument · Mar 22, 2018

    And the Clean Air Act has provisions that deal with this kind of interstate transportation of pollution. … And remember the context that we're talking about here is the Clean Air Act. You wouldn't have it, and therefore what? I want to make sure I understand your conclusion.

    34 min of audio
  • Oral argument — United Farm Workers of America v. Administrator, Environment

    Oral argument · Oral argument · Aug 7, 2009

    Clean Air Act, some issues are reviewed immediately in the Court of Appeals. … There are many Clean Air Acts. I had probably one of the biggest Clean Water Acts involving sewage. And it went through the district court. Yes, Your Honor, there are.

    58 min of audio
  • Oral argument — Compassion Over Killing v. FDA

    Oral argument · Oral argument · Dec 14, 2016

    EPA, the critical point was the EPA had denied that it had the ability to regulate greenhouse gases as an air pollutant under the Clean Air Act. … Essential to the decision was the fact that the Clean Air Act had defined an air pollutant as, and it was emphasized multiple times in the opinion, any, the word any being of critical importance, any air

    37 min of audio
  • Oral argument — South Fork Band Council of We v. DOI

    Oral argument · Oral argument · Jun 10, 2009

    Unless there's some other violation, Clean Air Act, Endangered Species Act, case, you know, statutes this Court is very familiar with, we can't say no. … Sounds arcane, but it's a very harmful criteria pollutant in the Clean Air Act. And we argued in the comments, where is your analysis of PM 2.5? No analysis in the final EIS.

    32 min of audio
  • Oral argument — Reginald Chatman v. Deputy Wengert

    Oral argument · Oral argument · May 18, 2017

    Right, so even if he were sadistic and he made that comment, if the dog bit and held for a very, very short period of time, and whatever injuries he sustained were modest scratch marks, you could not sustain … So even the comments regarding the CAD, the communication that indicates all of the on-air comments and dispatch, that's counsel's argument, which is contrary to plaintiff's own testimony of the 15 to

    34 min of audio
  • Oral argument — Shark River Cleanup v. Township of Wall

    Oral argument · Oral argument · Jun 27, 2022

    So I'm suggesting to you that it's not enough to send a notice that says, you, recipient, have violated the Clean Water Act. Please clean up your mess. That doesn't work. … You have a problem here because of this alleged violation of the Clean Water Act.

    85 min of audio
  • Oral argument — Compassion Over Killing v. FDA

    Oral argument · Oral argument · Dec 14, 2016

    EPA, the critical point was the EPA had denied that it had the ability to regulate greenhouse gases as an air pollutant under the Clean Air Act. … Essential to the decision was the fact that the Clean Air Act had defined an air pollutant as, and it was emphasized multiple times in the opinion, any, the word any being of critical importance, any air

    37 min of audio
  • Oral argument — State of California v. USA

    Oral argument · Oral argument · Jun 25, 2026

    Section 209A of the Clean Air Act. … Air Act.

    45 min of audio
  • Oral argument — Ronald Fleshman, Jr. v. Volkswagen, AG

    Oral argument · Oral argument · Dec 7, 2017

    We have come here to ask this Court to command compliance with the Clean Air Act by allowing Mr. … Air Act is a continuum.

    37 min of audio
  • Oral argument — Louisiana Generating, L.L.C. v. Illinois Un

    Oral argument · Oral argument · Jul 8, 2016

    Now as to mitigation, air pollution presents a challenge and Congress in adopting the Clean Air Act recognized that total atmospheric loading of things like SO2 and NOx had to be limited in order to protect … It does require a nexus to the pollution condition that is subject of the Clean Air Act case it is addressing.

    34 min of audio
  • Oral argument — Waterkeeper Alliance, Inc. v. Michael Regan

    Oral argument · Oral argument · Jan 19, 2022

    That 2017 document, their interim final guidance document, initially had a 30-day comment period. A number of organizations requested an extension. … Water Act context or the Clean Air Act context, and that's exactly what Oklahoma has done here, which is to use the same public participation program it uses across EPA programs.

    37 min of audio
  • Oral argument — Owner-Operator Independent Dri v. EPA

    Oral argument · Oral argument · Oct 22, 2015

    Don't you have a tough time making a dormant commerce clause argument when it's California and the Clean Air Act? … In an analogous case dealing with California and the Clean Air Act, the Ninth Circuit found that a grant of a preemption under the Clean Air Act, under U.S.

    32 min of audio
  • Oral argument — Idaho Conservation League

    Oral argument · Oral argument · May 12, 2015

    Well, this rule actually is a lot different from the other rules that EPA has dealt with that you've talked about, like Clean Air Act, Clean Water Act, because it's going to be EPA and EPA alone that has … I don't remember the exact comment period, but there was a whole NRC study before that.

    69 min of audio
  • Oral argument — Daniel Gonzalez v. Gregory Ahern

    Oral argument · Oral argument · Mar 16, 2022

    Because the impression one could get from reading some of the briefs is that it's just sort of this plastic sheeting that's been just opened to the outside air. But is that accurate? … I wanted to respond to one comment with regard to the question of whether or not the statute rises to a constitutional standard. And I want to cite Gray v.

    37 min of audio
  • Oral argument — Dalton Trucking, Inc. v. EPA

    Oral argument · Oral argument · Nov 9, 2015

    And as Justice Scalia once observed, under the Clean Air Act, a standard is a standard and not something else. … Air Act.

    43 min of audio
  • Oral argument — State of New Jersey v. EPA

    Oral argument · Oral argument · Nov 2, 2020

    So New Jersey has the ability to bring a citizen suit action under the Clean Air Act, and they can sue the plant. In fact, we have done that. … Well, so the minor new source review program applies to major sources when they make determinations that a modification is not a major modification under the Clean Air Act, under the new source review

    45 min of audio
  • Oral argument — United States v. David C. Martin

    Oral argument · Oral argument · May 31, 2018

    And that is, was there plain air and was the air harmless? I think the question of plain air is answered by the district judge. … Now, curiously, she didn't note all of the instances of air, but she did acknowledge that she aired.

    17 min of audio

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