• Supreme Court Sets Limits on EPA’s Power to Regulate
  • August 7, 2015 | Author: Ryan C. McKim
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In Michigan v. EPA, 135 S. Ct. 2699 (2015), the Supreme Court addressed whether the Environmental Protection Agency (EPA) acted unreasonably when it deemed cost irrelevant to its decision to regulate fossil fuel-fired power plants under section 112(n)(1)(A) of the Clean Air Act, 42 U.S.C. § 7412. As discussed below, because the Clean Air Act directed the EPA to regulate power plants if “appropriate and necessary,” and because cost is a component of whether a regulation is appropriate and necessary, the Court determined that it was unreasonable for the EPA to ignore cost when it considered whether or not to regulate power plants. However, notice should be taken of Justice Thomas’ thought provoking concurring opinion, which will also be discussed below.