United States DC Circuit

Petitions to review the final rules promulgated by the Environmental Protection Agency (EPA) exempting major sources of air pollution from normal emissions standards during periods of startups, shutdowns, and malfunctions (SSM) and imposing alternative requirements are granted where: 1) petitioners' challenge to the exemption was premised on a rejection of EPA's claim of retained discretion in the face of the plain text of section 112 of the Clean Air Act; 2) the 1990 Amendments confined the Administrator's discretion and Congress was explicit when and under what circumstances it wished to allow for such discretion; and 3) according to precedent, the EPA may not construe a statute in a way that completely nullifies textually applicable provisions meant to limit its discretion.

Appellate Information

• Decided 12/19/2008
• Published 12/19/2008

Judges

Court

• United States DC Circuit

Counsel