Environmental Defense, et al. v. Duke Energy Corporation

Subject:

Clean Air Act, Environmental Law, Administrative Law, Utilities

1. Whether the Fourth Circuit's decision violated Section 307(b) of the Act, which provides that national Clean Air Act regulations are subject to challenge "only" in the D.C. Circuit by petition for review filed within 60 days of their promulgation, and "shall not be subject to judicial review" in enforcement proceedings, 42 U.S.C. 7607(b); and
   
   
2. Whether the Act's definition of "modification," which turns on whether there is an "increase" in emissions and which applies to both the NSPS and PSD programs, rendered unlawful EPA's longstanding regulatory test defining PSD "increases" by reference to actual, annual emissions.

• U.S. Court of Appeals - 4th Circuit Opinion Filed: June 15, 2005
• United States Supreme Court, Cert. Granted: May 15, 2006

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket