New York v. Environmental Protection Agency

413 F.3d 3 (2005)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

New York v. Environmental Protection Agency

United States Court of Appeals for the District of Columbia Circuit
413 F.3d 3 (2005)

  • Written by Tanya Munson, JD

Facts

In 1977, Congress amended the Clean Air Act (CAA) to strengthen regulations that protected air quality. The amendments directed that both newly constructed major stationary sources and existing major stationary sources undertaking modifications must obtain preconstruction permits through the new-source review (NSR) process. An existing major stationary source was subject to the NSR provisions if it made a modification. A modification was defined in the CAA as any physical change or change in the method of operation of a stationary source that increases the amount of any air pollutant emitted by the source. The CAA did not specify the means of how to calculate emissions. The 1977 amendments included that to determine whether a change increased emissions, the source was required to calculate its baseline level of actual emissions. In 1980, the Environmental Protection Agency (EPA) (defendant) issued a rule that defined increased emissions to be the average rate, in tons per year, the unit actually emitted pollutants during the two-year period that preceded the change and was representative of the normal source operation. In 2002, the EPA issued a new rule that reinterpreted the term “increases” by adopting a new calculation for baseline emissions. Instead of calculating the average rate of emissions during the preceding two years before the change, the source could select any consecutive 24-month period within the 10 years preceding the change. The EPA stated that this change was made because the complexities and burden of the 1980 rule made it difficult for industry participants to comply and because the 1980 rule may not have been the most accurate and representative measure of emissions. Government and environmental petitioners challenged the 2002 rule and argued that the reinterpretation of the statutory term “increases” was impermissible because it allowed sources to increase their emissions above their more recent levels without triggering NSR requirements. The EPA argued that its interpretation was permissible because it is entitled to deference to construe ambiguous terms.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership