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Adamo Wrecking Co. v. United States
United States Supreme Court
434 U.S. 275 (1978)
Adamo Wrecking Co. (Adamo) (defendant) was indicted for violating the Clean Air Act (CAA) by failing to adhere to the National Emission Standard for Asbestos regulation when it demolished a building. The regulation was promulgated as an emission standard by the administrator of the Environmental Protection Agency (EPA) under the authority of the CAA. It prescribed certain safety procedures but did not set any quantitative limits on asbestos emissions. Adamo moved to dismiss the indictment, arguing the regulation was not an emission standard that may impose criminal liability for violations, because the regulation did not specify any emissions limitations. The district court granted the motion to dismiss. The United States Court of Appeals for the Sixth Circuit reversed, holding the language of the CAA indicated Congress intended to preclude emissions standards from being questioned in a criminal proceeding. Adamo appealed.
Rule of Law
Holding and Reasoning (Rehnquist, J.)
Concurrence (Powell, J.)
Dissent (Stevens, J.)
Dissent (Stewart, J.)
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