Michigan v. U.S. Environmental Protection Agency

Brodeur, Nathan J.
August 2001
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p275
Academic Journal
The U.S. Court of Appeals for the District of Columbia Circuit largely upheld an Environmental Protection Agency (EPA) rule mandating that twenty-two states and the District of Columbia revise their state implementation plans (SIPs) to reduce nitrogen oxide emissions in order to mitigate nonattainment of ozone standards in downwind states. Although ostensibly a major legal victory for the EPA, the decision may in fact be a mixed blessing for the agency. The court's approval of EPA's consideration of emissions reduction costs in formulating the rule, coupled with the court's failure to adequately address the federalism concerns raised by the rule, may ultimately undermine the agency's ability to protect public health and the environment.


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