United States Supreme Court
Envtl. Defense v. Duke Energy Corp., 05-848
In an enforcement action involving two air pollution control schemes to the Clean Air Act, summary judgment for respondent, coal-based power plant operator, is vacated as: 1) the Court of Appeals's reading of the 1980 Prevention of Significant Deterioration (PSD) regulations, intended to align them with New Source Performance Standards (NSPS), was inconsistent with their terms and effectively invalidated them; and 2) any such result must be shown to comport with the Clean Air Act's restrictions on judicial review of EPA regulations for validity.
Appellate Information
- Decided 04/02/2007
- Published 04/02/2007
Judges
Court
- United States Supreme Court