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Alaska Department of Environmental Conservation v. EPA
Alaska Dept. of Environmental Conservation v. EPA, 540 U.S. 461 (2004),〔( 540 U.S. 461 (2004) )〕 is a U.S. Supreme Court case clarifying the scope of state environmental regulators as well as the Environmental Protection Agency. In a 5-4 decision, the Supreme Court found the EPA has authority to overrule state agency decisions under the Clean Air Act that a company is using the "best available controlling technology" to prevent pollution.
==Background==
The Clean Air Act requires state agencies to determine optimal methods of preventing air quality degradation in areas that meet national clean air standards.〔42 U.S.C. § 7470(1)〕 The Act prohibits construction of major air polluting facilities not equipped with "the best available control technology" (BACT).〔42 U.S.C. § 7475(a)(4)〕
In 1998, Teck Cominco Alaska, requested a permit to build an additional generator and modify an existing generator at its mines in order to expand zinc extraction. In May 1999, the Alaska Department of Environmental Conservation (ADEC) issued the permit, and a technical report, which concluding that "Low NOx" technology was BACT and identifying "selective catalytic reduction" (SCR) as the best control technology. The EPA opposed the permit, objected that ADEC had identified SCR as the best control technology, but failed to require it as BACT.
ADEC issued a second report reinforcing the original findings, but conceded the lack of cost data from Teck Cominco made it impossible to evaluate the impact of SCR on the mine's profitability. EPA issued orders to ADEC under §§113(a)(5) and 167 of the act, prohibiting ADEC from issuing permits to Teck Cominco without documenting why SCR was not BACT. ADEC appealed the EPA's orders to the Ninth Circuit Court of Appeals, arguing that the EPA did not have the right to interfere with the state agency's decision. The Ninth Circuit sided with EPA, and ADEC appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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