Luminant Generation Company LLC v. Environmental Protection Agency
Petition for certiorari denied on October 7, 2013
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.