Petition of the day

By Maureen Johnston
on May 22, 2014 at 10:10 pm

The petition of the day is:

Issue: Whether, despite the Regional Haze Program of the Clean Air Act, which allocates to the states the task of fashioning and then implementing plans to improve the aesthetic quality of air over certain federal lands, the United States Environmental Protection Agency may nonetheless conduct a de novo review of the state of Oklahoma’s plan, in conflict with both the limited authority granted to the agency under the Act and decisions of this and other courts that have recognized the primary role given to the states in implementing the Clean Air Act.