Congressional Digest

Supreme Court Debates January 2001 No. 1 Vol. 4
Carol M. Browner, et al.

The Clean Air Act

Using Cost-Benefit Analysis to Set Environmental Regulations

Carol M. Browner, et al.

Respondents

Seth P. Waxman, Solicitor General The Clean Air Act directs the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards, regulating the amount of fine particles, coarse particles, and ozone in the air. States that do not meet these standards after an implementation phase can be subject to withholding of Federal transportation funds. A group of industrial and business-interest groups sued the EPA and its Administrator, Carol M. Browner, alleging that the EPA had to perform a cost-benefit analysis when determining these standards. After hearing the case, the District of Columbia U.S. Circuit Court of Appeals ruled that…

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