Case Detail

American Municipal Power, Inc. v. Environmental Protection Agency
On April 26, 2017, WLF asked the U.S. Supreme Court to review and reverse a D.C. Circuit decision that allowed EPA to set emission standards under the Clean Air Act that are impossible for industry and other affected entities to meet. WLF’s brief argues that no one believes the so-called Boiler MACT rule can be complied with at all times, because even the best controlled and maintained equipment malfunctions periodically. Hence, EPA is essentially requiring operators of hundreds of thousands of boilers—including at hospitals, churches, shopping malls, apartment complexes, schools, prisons, restaurants, and industrial settings—to subject themselves to civil and criminal sanctions whenever their equipment malfunctions. WLF argues that EPA’s regulation violates the Due Process Clause. Although EPA promises to exercise prosecutorial discretion, boiler operators should not have to depend on the discretion of a prosecutor (or private plaintiff) in order to avoid civil and criminal penalties.
Case Status:
Awaiting decision.
More Information and Downloads:
4/27/2017: Download the Brief
Press Release: WLF Seeks Supreme Court Reversal of Impossible Clean Air Act Standards Set by EPA
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