Lung Association Asks High Court To Review Decision On Smog Rules
The American Lung Association has asked the U.S. Supreme Court to reverse an appeals court decision that blocked the enforcement of new federal smog and soot regulations.
The 2-1 ruling went in favor of industry organizations, whose leaders included American Trucking Associations, that sued to prevent the implementation of the new regulations on ozone and particulate matter. The trucking federation contended the measures were an abuse of power and would cost $45 billion in annual compliance cost.
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Earthjustice Legal Defense Fund, on behalf of the ALA, is challenging the May ruling, in which a three-judge panel found Congress had violated the U.S. Constitution by delegating too much authority to the Environmental Protection Agency in its mandate to interpret and enforce the Clean Air Act (5-24, p. 1).
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Since then, the EPA, through the Justice Department, has petitioned for a review, which the high court is expected to act on this spring.
