American Lung Association v. EME Homer City Generation

(1) Whether the Environmental Protection Agency's (EPA) methodology was properly challenged before the court without the required objections raised during public comment; (2)whether the courts creation of its implementation method over stepped the bounds of its judicial review of an Administrative agency; And (3) whether an upwind state has any obligations to a downwind state unless and until the EPA has reported on the contribution of the upwind state to the pollution of the downwind state.

To improve air quality in the United States, Congress set up a regulatory system between the Environmental Protection Agency (“EPA”) and the states. The Federal Government sets the standards and the states are to determine how each standard shoudl be met. The Clean Air Act created the Good Neighbor Policy which set standards that upwind states had to meet in order to reduce their pollution going down wind to other states. As part of implementing the Good Neighbor Policy, Petitioner created the Transport Rule which defines air quality responsibilities for upwind states and limits coal and natural gas emissions.

Respondent filed suit against Petitioner. The Court of Appeals held that the Petitioner over stepped its statutory authority when it created the Transport Rule by not allowing the states to create their own plans for reducing emissions.

Petitioner argues that the Transport Rule is valid because it was created to offer greater protection to the downwind sates as was require by another decision of D.C. Circuit. Also Petitioner claims that the Court of Appeals’ review overstepped its review authority of an administrative agency. American Lung Association v. EME Homer City Generation was combined with Environmental Protection Agency v. EME Homer City Generation and only deals with the questions presented in that petition.