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Michigan v. Environmental Protection Agency
United States Supreme Court
135 S. Ct. 2699 (2015)
The Clean Air Act directed the Environmental
Protection Agency (EPA) (defendant) to consider promulgating regulations that
would decrease hazardous air pollutants emitted by power plants. The act stated
that the EPA should promulgate these regulations if the EPA found it
“appropriate and necessary.” The EPA promulgated regulations decreasing
emissions. The EPA declined to consider costs as a factor when determining
whether to issue the regulations. The EPA later did consider cost in
determining the extent of its regulation. The regulations cost power plants
approximately $10 billion per year. The regulations were challenged in the
United States Court of Appeals for the D.C. Circuit. The court of appeals
upheld the regulations. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Scalia, J.)
Concurrence (Thomas, J.)
Dissent (Kagan, J.)
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