The Supreme Court faced the issues of whether the statute had impermissibly delegated legislative power to the agency and whether the Administrator of the EPA, Christine Todd Whitman, could consider the costs of implementation in setting national ambient air quality standards. 457 (2001), was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard (NAAQS) for regulating ozone and particulate matter was challenged by the American Trucking Association, along with other private companies and the states of Michigan, Ohio, and West Virginia. American Trucking Associations, Inc., 531 U.S. Scalia, joined by Rehnquist, O'Connor, Thomas, Kennedy, Ginsburg Stevens, Souter (except part III) Breyer (except part II) (2) The Environmental Protection Agency cannot consider implementation costs in setting primary and secondary national ambient air quality standards.Ĭhief Justice William Rehnquist Associate Justices John P. (1) The Clean Air Act properly delegated legislative power to the Environmental Protection Agency. 1999), opinion modified on rehearing en banc, 195 F.3d 4 (D.C.
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