[20001205]RS20228_清洁空气标准：最高法院同意复审.pdf

Congressional Research Service ? The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20228Updated December 5, 2000Clean Air Standards: The Supreme Court Agreesto Review American Trucking Associations v. EPA Robert MeltzLegislative AttorneyAmerican Law DivisionJames E. McCarthySpecialist in Environmental PolicyResources, Science, and Industry DivisionSummaryIn 1999, in American Trucking Assns, Inc. v. U.S. EPA, a U.S. Court of Appealsruled that deficiencies in EPAs promulgation of revised national ambient air qualitystandards for ozone and particulate matter required that they be remanded to the agencyfor further consideration. The decision was controversial, in part because it relied on along-moribund legal principle known as the nondelegation doctrine. The courts use ofthis doctrine, if upheld, has implications for many delegations of congressional authorityto agencies. In addition, its holding that the revised ozone ambient standard cannot beenforced has sparked debate. By itself, however, the decision is unlikely to have majorshort-term effects on the ozone and particulate matter control programs. In May, 2000, the Supreme Court agreed to revie