US Supreme Court Docket

Supreme Court Docket

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Environmental Defense v. Duke Energy Corporation
No. 05-848
Title:
    Environmental Defense, et al. v. Duke Energy Corporation

Subject:

    Clean Air Act, Environmental Law, Administrative Law, Utilities
Questions:
  1. Whether the Fourth Circuit's decision violated Section 307(b) of the Act, which provides that national Clean Air Act regulations are subject to challenge "only" in the D.C. Circuit by petition for review filed within 60 days of their promulgation, and "shall not be subject to judicial review" in enforcement proceedings, 42 U.S.C. 7607(b); and

  2. Whether the Act's definition of "modification," which turns on whether there is an "increase" in emissions and which applies to both the NSPS and PSD programs, rendered unlawful EPA's longstanding regulatory test defining PSD "increases" by reference to actual, annual emissions.
Decisions:

Resources:

Briefs:

    Parties Counsel of Record

For Petitioner Environmental Defense:

Sean H. Donahue
Washington, DC
For Respondent Duke Energy Corporation:
F. William Brownell
Hunton & Williams LLP
Washington, DC


 

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