Procedural Guarantees

American Municipal Power v. Environmental Protection Agency

Administrative agencies cannot demand perfection

Dozens of industrial companies and trade organizations challenged two Clean Air Act-related boiler regulations imposed by the Environmental Protection Agency (EPA): the Major Boilers Rule and the Area Boilers Rule. These rules allow uninjured citizens to sue regulated companies should their boilers malfunction. Lower courts upheld the rule and the boiler owners and operators petitioned the U.S. Supreme Court to review the case. Because the Clean Air Act requires regulated parties to avoid hazardous air pollution only where “achievable,” PLF supports the petition and argues that the text of the law exempts malfunctions from the stringent CAA requirements and its citizen suit provision.

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