Supreme Court Decision Alert - June 29, 2015

Today, the Supreme Court issued one decision, described below, of interest to the business community:

Clean Air Act—EPA's Consideration of Costs in Decision to Regulate the Emission of Hazardous Air Pollutants by Power Plants

Michigan v. EPA, No. 14-46, Utility Air Regulatory Group v. EPA, No. 14-47, and National Mining Association v. EPA, No. 14-49 (previously described in the November 25, 2014, Docket Report)

Section 112 of the Clean Air Act, as amended by the Clean Air Act Amendments of 1990 (42 U.S.C. § 7412), requires the Environmental Protection Agency to list major sources of hazardous air pollutants and then to promulgate emissions standards for those sources. Congress established a framework under this provision that applies solely to electric-utility steam-generating units—i.e., power plants. Congress established a specific procedure for EPA to follow in order to determine whether power plants will be regulated (or "listed") under