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Supreme Court Docket
[Download October 30, 2006 Argument Calendar PDF]
[Download November 27, 2006 Argument Calendar PDF]
[Click here for 2005 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:
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