The U.S. Supreme Court will consider whether to add cost-benefit analysis to the Environmental Protection Agency’s rulemaking responsibilities under the Clean Air Act, which is now based solely on health and welfare considerations.
The court agreed May 30 to expand its review of the agency’s regulatory authority in response to a petition from 30 groups representing industry, including the American Petroleum Institute, U.S. Chamber of Commerce, National Association of Manufacturers, American Iron and Steel Institute and Chemical Manufacturers Association.
On May 22, the Supreme Court said it would review a lower court decision that invalidated two standards governing particulate matter and ozone set by EPA in 1997 on the grounds that only Congress can mandate regulations. EPA asked the high court to reinstate the standards knocked down as a result of a lawsuit spearheaded by American Trucking Associations.
Historically, lower courts have prohibited EPA from considering costs to industry in setting clean air standards. Last week, the justices agreed to look more closely at that issue at the same time it considered EPA’s appeal.
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