Michigan v. EPA (14-46)
argument 14-46Michigan v. EPA
Supreme Court of the United States
1h 32m
5 speakers
8 chapters
transcribed 4 days ago
official recording ↗
Transcript
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What is the EPA’s interpretation of “appropriate and necessary” under § 7412(N‑1A)?
We'll hear argument this morning in case fourteen forty six, Michigan versus the Environmental Protection Agency and the consolidated cases. Mr. Lindstrom?
Mr Chief Justice, and may it please the court. EPA's view that it can decide whether to regulate electric utilities without considering costs is contrary to the text and structure of Section seventy four hundred twelve. The text sets out two distinct terms and thus directs EPA to consider whether it is appropriate to regulate and whether it is necessary to regulate. EPA found that it's necessary to regulate because of the existence of public health harms, and it found it appropriate to regulate for the exact same reason the existence of public health harms. So its interpretation
Well I'm not sure that that's quite uh what EPA said. My understanding of what EPA said is that it's necessary because of public health harms and that it's appropriate because there are technologies that can redress or remedy those public health harms. So on the one hand, it said that It said that the phrase appropriate went to the nature of the harms, the phrase uh the phrase necessary went to the nature of the harms, the phrase appropriate went to the existence of technologies.
Justice Kagan, when they relied on the availability of controls, they did that only after having already said that we must find it's appropriate if a health hazard exists. So they've already determined that the health hazard is a necessary and sufficient condition. So the existence of controls is something that's not a good idea. To their opinion, I mean the language speaks for itself, I assume. What are you referring to? For example, if you look this is in our reply brief, but if you're looking at In the reply brief? Yes, Your Honor. I think the if I point you to the actual final rule, that's volume one of the UARG petition appendix. So The language, let me find it in the reply brief. I have the UR I have the volume.
I'm sorry, could it be? Sure. If you turn to the UR Petition appendix volume one. Good lord. Page one hundred ninety six. This is the text of the final rule.
Page two oh six A, I I misspoke the first time. Two oh six. says we must find at the top of the page, we must find it appropriate to regulate EGU is under Clean Air Act Section one hundred and twelve, if we determine that a single hap emitted from EGUs poses a hazard to the public health or environment, they have said we must regulate. And the phrase must regulate means that when you get back to the availability of controls, then there's nothing left to be done. You've already said that we have to do it, so the availability of controls isn't doing any additional work. The overall. that if the predicate for regulation exists, i. e. there emissions. then it's appropriate to regulate. That's what the government will say.
I mean that's Appropriate is a capacious term. And it would seem to be that the government said, Well, It's appropriate to regulate if there's an emission. So It is a a capacious term, but I think that cuts against the government because one of the things that's encompassed within the term appropriate is that it looks at all of the circumstances in the context of determining whether or not you're going to regulate costs is a relevant circumstance. So the very fact that it's capacious cuts against them. But the fact that they're they've said we must find it's appropriate to regulate means that this other uh
controlled. So are you saying that they didn't that they didn't look at the availability of technologies? Is that what you're saying? That they thought that the availability of technologies was itself irrelevant to the tur determination? Is that your argument?
We're not saying they thought it was irrelevant. They thought Well, I guess logically irrelevant. They thought that it's something they did look at. It's something that when they did the utility study, they examined the availability of controls. But then they said, regardless of whether or not controls are available, if a health hazard exists, we have to regulate.
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Chapters
8 chapters
1
What is the EPA’s interpretation of “appropriate and necessary” under § 7412(N‑1A)?
0:00–10:50
2
How does the Court view the relationship between health hazards and the need for regulation?
10:50–21:30
3
Why does the EPA claim that cost considerations are irrelevant at the listing stage?
21:30–33:56
4
What arguments are made about Congress’s intent to treat power plants differently?
33:56–46:55
5
How do sub‑categorization and the “12 % rule” affect the calculation of emission standards?
46:55–58:12
6
Can the EPA consider costs when creating subcategories for power plants?
58:12–1:11:10
7
What is the impact of the EPA’s categorization on overall compliance costs?
1:11:10–1:22:50
8
What are the final conclusions of the Court regarding the EPA’s statutory reading?
1:22:50–1:32:50