American Municipal Power, Inc. v. Environmental Protection Agency
- Case Date: 4/27/2017
- Project Name: Environmental Law Project
On June 26, 2017, the U.S. Supreme Court issued an order declining to review an appeals court decision that upheld onerous EPA Clean Air Act emissions standards. The decision was a setback for WLF, which filed a brief urging the Court to grant review. WLF noted that EPA’s standards (known as the Boiler MACT rule) cannot be complied with at all times, because even the best-controlled and maintained equipment malfunctions periodically. WLF argued that EPA is essentially requiring operators of hundreds of thousands of boilers—including at hospitals, churches, shopping malls, schools, and prisons—to subject themselves to potential civil and criminal penalties whenever their equipment malfunctions. WLF argued that EPA’s regulations violate the Due Process Clause and asserted that boiler operators should not have to depend on the exercise of “sound discretion” by federal officials (or private plaintiffs) in order to avoid civil and criminal penalties.
More Information and Downloads:
4/27/2017: Download the Brief