Union Electric Co. v. Environmental Protection Agency

427 U.S. 246, 96 S. Ct. 2518, 49 L. Ed. 2d 474, 1976 U.S. LEXIS 108, 6 Envtl. L. Rep. (Envtl. Law Inst.) 20570, 8 ERC (BNA) 2143
Supreme Court of the United States·Decided June 25, 1976·No. 74-1542·Published·Cited by 246 cases

Opinions

[249] Mr. Justice Marshall

delivered the opinion of the Court.

After the Administrator of the Environmental Protection Agency (EPA) approves a state implementation plan under the Clean Air Act, the plan may be challenged in a court of appeals within 30 days, or after 30 days have run if newly discovered or available information justifies subsequent review. We must decide whether the operator of a regulated emission source, in a petition for review of an EPA-approved state plan filed after the original 30-day appeal period, can raise the claim that it is economically or technologically infeasible to comply with the plan.

I

We have addressed the history and provisions of the Clean Air Amendments of 1970, Pub. L. 91-604, 84 Stat. 1676, in detail in Train v. Natural Resources Defense Council (NRDC), 421 U. S. 60 (1975), and will not repeat that discussion here. Suffice it to say that the Amendments reflect congressional dissatisfaction with the progress of existing air pollution programs and a determination to “tak[e] a stick to the States,” id., at 64, in order to guarantee the prompt attainment and maintenance of specified air quality standards. The heart of the Amendments is the requirement that each State formulate, subject to EPA approval, an implementation plan designed to achieve national primary ambient air quality standards — those necessary to protect the public health — “as expeditiously as practicable but . . . in no case later than three years from the date of ap[250] proval of such plan.” § 110 (a) (2) (A) of the Clean Air Act, as added, 84 Stat. 1680, 42 U. S. C. § 1857&-5 (a) (2) (A). The plan must also provide for the attainment of national secondary ambient air quality standards'— those necessary to protect the public welfare — within a “reasonable time.” Ibid. Each State is given wide discretion in formulating its plan, and the Act provides that the Administrator “shall approve” the proposed plan if it has been adopted after public notice and hearing and if it meets eight specified criteria. § 110 (a) (2).1

[251] On April 30, 1971, the Administrator promulgated national primary and secondary standards for six air pollutants he found to have an adverse effect on the public health and welfare. 40 CFR pt. 50 (1975). See § 108 (a) of the Act, as added, 84 Stat. 1678, 42 U. S. C. § 1857c-3 (a). Included among them was sulfur dioxide, at issue here. 40 CFR §§ 50.4-50.5 (1975). After the promulgation of the national standards, the State of Missouri formulated its implementation plan and submitted it for approval. Since sulfur dioxide levels exceeded national primary standards in only one of the [252] State’s five air quality regions — the Metropolitan St. Louis Interstate region, 40 CFR § 52.1321 (1975)- — the Missouri plan concentrated on a control strategy and regulations to lower emissions in that area. The plan’s emission limitations were effective at once, but the State retained authority to grant variances to particular sources that could not immediately comply.2 Mo. Rev. Stat. §203.110 (1972). The Administrator approved the plan on May 31, 1972. See 40 CFR § 52.1320 et seq. (1975).

Petitioner is an electric utility company servicing the St. Louis metropolitan area, large portions of Missouri, and parts of Illinois and Iowa. Its three coal-fired generating plants in the metropolitan St. Louis area are subject to the sulfur dioxide restrictions in the Missouri implementation plan. Petitioner did not seek review of the Administrator’s approval of the plan within 30 days, as it was entitled to do under § 307 (b)(1) of the Act, as added, 84 Stat. 1708, 42 U. S. C. § 1857h-5 (b) (1), but rather applied to the appropriate state and county agencies for variances from the emission limitations affecting its three plants. Petitioner received one-year variances, which could be extended upon reapplication. The variances on two of petitioner’s three plants had expired and petitioner was applying for extensions when, on May 31, 1974, the Administrator notified petitioner that sulfur dioxide emissions from its plants violated the emission limitations contained in the Missouri plan.3 See 40 Fed. Reg. 3566 (1975). Shortly there[253] after petitioner filed a petition in the Court of Appeals for the Eighth Circuit for review of the Administrator’s 1972 approval of the Missouri implementation plan.

Section 307 (b)(1) allows petitions for review to be filed in an appropriate court of appeals more than 30 days after the Administrator’s approval of an implementation plan only if the petition is "based solely on grounds arising- after such 30th day.” Petitioner claimed to meet this requirement by asserting, inter alia, that various economic and technological difficulties had arisen more than 30 days after the Administrator’s approval and that these difficulties made compliance with the emission limitations impossible.4 The Court of Ap[254] peals ordered briefing on the question of its subject-matter jurisdiction to hear the case and, after argument, granted the motions of the EPA and intervenor-respond-ents, the Attorney General of Missouri and the Missouri Air Conservation Commission, to dismiss the petition for review for lack of jurisdiction.

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Union Electric Co. v. Environmental Protection Agency, 427 U.S. 246, 96 S. Ct. 2518, 49 L. Ed. 2d 474, 1976 U.S. LEXIS 108, 6 Envtl. L. Rep. (Envtl. Law Inst.) 20570, 8 ERC (BNA) 2143 (1976).

427 U.S. 246 (Union Electric Co. v. Environmental Protection Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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