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New York v. Reilly

969 F.2d 1147 (1992)

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New York v. Reilly

United States Court of Appeals for the District of Columbia Circuit

969 F.2d 1147 (1992)

Facts

Section 111 of the Clean Air Act required the Environmental Protection Agency (the EPA) (defendant) to establish emissions standards for sources of harmful pollution. In establishing the standards, the EPA had to take various factors into consideration, including available technology and cost. In accordance with § 111, the EPA began promulgating rules to regulate incinerator smokestacks. The EPA proposed a rule that would have required incinerator operators to sort out recyclable items before burning waste. The EPA submitted the proposed rule to the Office of Management and Budget (OMB) for review as required by Executive Order 12291, and the OMB rejected the rule. The EPA appealed to the President’s Council on Competitiveness (the Council), which rejected the proposed rule for failing to meet cost-benefit analysis guidelines. In rejecting the proposed rule, the Council provided the EPA with a fact sheet that explained its reasoning. As a result, the EPA changed its findings and abandoned the proposed rule. New York and Florida (plaintiffs) challenged the EPA’s decision to abandon the proposed rules, arguing that the EPA improperly relied on the Council’s findings rather than the EPA’s own expertise.

Rule of Law

Issue

Holding and Reasoning (Henderson, J.)

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