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Administrative Law Keyed to Breyer
American Trucking Associations, Inc. v. Environmental Protection Agency
Citation:
175 F.3d 1027 (1999)Facts
In July 1997, the EPA issued final rules revising the NAAQS for particulate matter and ozone, making them more stringent. For ozone, EPA revised the standard from 0.12 ppm measured over a 1-hour period to 0.08 ppm measured over an 8-hour period. For particulate matter, EPA retained the PM10 standard while adding a new standard for fine particles (PM2.5). The EPA based these revisions on scientific studies showing health risks at levels below the existing standards. Industry groups challenged these standards, arguing that the Clean Air Act unconstitutionally delegated legislative power to the EPA by failing to provide a clear principle for determining appropriate pollution levels. They also challenged specific aspects of the standards, including the EPA’s failure to consider implementation costs, the alleged failure to consider beneficial health effects of ground-level ozone, and the choice of PM10 as an indicator for coarse particulate matter.
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