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Administrative Law Keyed to Mawshaw
Whitman v. American Trucking Associations, Inc.
Citation:
531 U.S. 457 (2001)Facts
In July 1997, the EPA revised the National Ambient Air Quality Standards (NAAQS) for particulate matter and ozone under Section 109 of the Clean Air Act. The American Trucking Associations and other industry groups, along with several states, challenged these revised standards in the D.C. Circuit Court of Appeals. They argued that the EPA should consider economic costs of implementation when setting the standards and that Section 109(b)(1) of the Clean Air Act unconstitutionally delegated legislative power to the EPA by failing to provide an “intelligible principle” to guide the agency’s discretion. The D.C. Circuit held that the EPA’s interpretation of Section 109(b)(1) violated the nondelegation doctrine and remanded to the EPA to adopt a limiting construction. The court also rejected the EPA’s implementation policy for the revised ozone standard.
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