In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Luminant Generation Company LLC v. Environmental Protection Agency
Issue: (1) Whether, contrary to 42 U.S.C. § 7410’s express limit on the
EPA’s disapproval authority and decisions of other
courts of appeals, the EPA may substitute its own
policy preferences for a state’s about the appropriate
means of controlling air pollution within that state,
without identifying any applicable “requirement of
th[e] [Clean Air Act]” with which the state’s chosen means
would interfere; and (2) whether the panel erred under SEC v. Chenery Corp., by upholding agency action
based on, and by purporting to “defer” to, an interpretation
of the Clean Air Act that the EPA itself not only never
adopted – but in fact expressly rejected.