SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Aman
Sierra Club v. Costle
Citation:
657 F.2d 298 (1981)Facts
In June 1979, EPA revised the New Source Performance Standards (NSPS) governing emission control by coal-burning power plants. The new standards required a variable 70-90% reduction in sulfur dioxide emissions depending on coal sulfur content, with a maximum emission ceiling of 1.2 lbs./MBtu, and limited particulate matter emissions to 0.03 lbs./MBtu. The standards were based on the performance of wet scrubbing technology, but EPA also considered the potential of emerging dry scrubbing technology. EPA conducted extensive regulatory analysis in three phases, using econometric modeling to forecast the impacts of alternative standards on emissions, energy usage, and economic factors. The agency concluded that the variable standard would achieve the same emission reductions at the national level as a uniform 90% standard, but at lower costs and with fewer energy penalties. Environmental groups challenged the variable standard as too lenient, while electric utilities argued the standards were too stringent and not adequately demonstrated to be achievable.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.