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:
- 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
- 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:
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
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
Oct
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