Alaska Department of Environmental Conservation v. EPA
Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461 (2004), is a US Supreme Court case clarifying the scope of state environmental regulators and the Environmental Protection Agency (EPA). In a 5–4 decision, the Supreme Court found the EPA has authority to overrule state agency decisions under the Clean Air Act that a company is using the "best available controlling technology" to prevent pollution.
| Alaska Department of Environmental Conservation v. EPA | |
|---|---|
Supreme Court of the United States | |
| Argued October 8, 2003 Decided January 21, 2004 | |
| Full case name | Alaska Department of Environmental Conservation v. Environmental Protection Agency, et al. |
| Citations | 540 U.S. 461 (more) 124 S. Ct. 983; 157 L. Ed. 2d 967 |
| Case history | |
| Prior | Petition denied, 298 F.3d 814 (9th Cir. 2001); case suspended, 244 F.3d 748 (9th Cir. 2001); cert. granted, 537 U.S. 1186 (2003). |
| Court membership | |
| |
| Case opinions | |
| Majority | Ginsburg, joined by Stevens, O'Connor, Souter, Breyer |
| Dissent | Kennedy, joined by Rehnquist, Scalia, Thomas |
| Laws applied | |
| Clean Air Act | |
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