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.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.