Whitman v. American Trucking Assns., Inc.

531 U.S. 457, 121 S. Ct. 903, 149 L. Ed. 2d 1, 2001 U.S. LEXIS 1952
CourtSupreme Court of the United States
DecidedFebruary 27, 2001
Docket99-1257
StatusPublished
Cited by1,401 cases

This text of 531 U.S. 457 (Whitman v. American Trucking Assns., Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitman v. American Trucking Assns., Inc., 531 U.S. 457, 121 S. Ct. 903, 149 L. Ed. 2d 1, 2001 U.S. LEXIS 1952 (2001).

Opinions

[462]*462Justice Scalia

delivered the opinion of the Court.

These cases present the following questions: (1) Whether § 109(b)(1) of the Clean Air Act (CAA) delegates legislative power to the Administrator of the Environmental Protection Agency (EPA). (2) Whether the Administrator may consider the costs of implementation in setting national ambient air quality standards (NAAQS) under § 109(b)(1). (3) Whether the Court of Appeals had jurisdiction to review the EPA’s interpretation of Part D of Title I of the CAA, 42 U. S. C. §§ 7501-7515, with respect to implementing the revised ozone NAAQS. (4) If so, whether the EPA’s interpretation of that part was permissible.

I

. Section 109(a) of the CAA, as added, 84 Stat. 1679, and amended, 42 U. S. C. § 7409(a), requires the Administrator of the EPA to promulgate NAAQS for each air pollutant for which “air quality criteria” have been issued under § 108, 42 U. S. C. § 7408. Once a NAAQS has been promulgated, the Administrator must review the standard (and the criteria [463]*463on which it is based) “at five-year intervals” and make “such revisions ... as may be appropriate.” CAA § 109(d)(1), 42 U. S. C. § 7409(d)(1). These cases arose when, on July 18, 1997, the Administrator revised the NAAQS for particulate matter and ozone. See NAAQS for Particulate Matter, 62 Fed. Reg. 38652 (codified in 40 CFR §50.7 (1999)); NAAQS for Ozone, id., at 38856 (codified in 40 CFR §§50.9, 50.10 (1999)). American Trucking Associations, Inc., and its corespondents in No. 99-1257 — which include, in addition to other private companies, the States of Michigan, Ohio, and West Virginia — challenged the new standards in the Court of Appeals for the District of Columbia Circuit, pursuant to 42 U. S. C. § 7607(b)(1).

The District of Columbia Circuit accepted some of the challenges and rejected others. It agreed with the No. 99-1257 respondents (hereinafter respondents) that § 109(b)(1) delegated legislative power to the Administrator in contravention of the United States Constitution, Art. I, § 1, because it found that the EPA had interpreted the statute to provide no “intelligible principle” to guide the agency’s exercise of authority. American Trucking Assns., Inc. v. EPA, 175 F. 3d 1027, 1034 (1999). The court thought, however, that the EPA could perhaps avoid the unconstitutional delegation by adopting a restrictive construction of § 109(b)(1), so instead of declaring the section unconstitutional the court remanded the NAAQS to the agency. Id., at 1038. (On this delegation point, Judge Tatel dissented, finding the statute constitutional as written. Id., at 1057.) On the second issue that the Court of Appeals addressed, it unanimously rejected respondents’ argument that the court should depart from the rule of Lead Industries Assn., Inc. v. EPA, 647 F. 2d 1130, 1148 (CADC 1980), that the EPA may not consider the cost of implementing a NAAQS in setting the initial standard. It also rejected respondents’ argument that the implementation provisions for ozone found in Part D, Sub-part 2, of Title I of the CAA, 42 U. S. C. §§ 7511-7511f, were [464]*464so tied to the existing ozone standard that the EPA lacked the power to revise the standard. The court held that although Subpart 2 constrained the agency’s method of implementing the new standard, 175 F. 3d, at 1050, it did not prevent the EPA from revising the standard and designating areas of the country as “nonattainment areas,” see 42 U. S. C. § 7407(d)(1), by reference to it, 175 F. 3d, at 1047-1048. On the EPA’s petition for rehearing, the panel adhered to its position on these points, and unanimously rejected the EPA’s new argument that the court lacked jurisdiction to reach the implementation question because there had been no “final” implementation action. American Trucking Assns., Inc. v. EPA, 195 F. 3d 4 (CADC 1999). The Court of Appeals denied the EPA’s suggestion for rehearing en banc, with five judges dissenting. Id., at 13.

The Administrator and the EPA petitioned this Court for review of the first, third, and fourth questions described in the first paragraph of this opinion. Respondents conditionally cross-petitioned for review of the second question. We granted certiorari on both petitions, 529 U. S. 1129 (2000); 530 U. S. 1202 (2000), and scheduled the cases for argument in tandem. We have now consolidated the cases for purposes of decision.

II

In Lead Industries Assn., Inc. v. EPA, supra, at 1148, the District of Columbia Circuit held that “economic considerations [may] play no part in the promulgation of ambient air quality standards under Section 109” of the CAA. In the present cases, the court adhered to that holding, 175 F. 3d, at 1040-1041, as it had done on many other occasions. See, e. g., American Lung Assn. v. EPA, 134 F. 3d 388, 389 (1998); NRDC v. Administrator, EPA, 902 F. 2d 962, 973 (1990), vacated in part on other grounds, NRDC v. EPA, 921 F. 2d 326 (CADC 1991); American Petroleum Institute v. Costle, 665 F. 2d 1176, 1185 (1981). Respondents argue that these [465]*465decisions are incorrect. We disagree; and since the first step in assessing whether a statute delegates legislative power is to determine what authority the statute confers, we address that issue of interpretation first and reach respondents’ constitutional arguments in Part III, infra.

Section 109(b)(1) instructs the EPA to set primary ambient air quality standards “the attainment and maintenance of which ... are requisite to protect the public health” with “an adequate margin of safety.” 42 U. S. C. § 7409(b)(1). Were it not for the hundreds of pages of briefing respondents have submitted on the issue, one would have thought it fairly clear that this text does not permit the EPA to consider costs in setting the standards. The language, as one scholar has noted, “is absolute.” D. Currie, Air Pollution: Federal Law and Analysis 4-15 (1981). The EPA, “based on” the information about health effects contained in the technical “criteria” documents compiled under § 108(a)(2), 42 U. S. C. § 7408(a)(2), is to identify the maximum airborne concentration of a pollutant that the public health can tolerate, decrease the concentration to provide an “adequate” margin of safety, and set the standard at that level. Nowhere are the costs of achieving such a standard made part of that initial calculation.

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531 U.S. 457, 121 S. Ct. 903, 149 L. Ed. 2d 1, 2001 U.S. LEXIS 1952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitman-v-american-trucking-assns-inc-scotus-2001.