In Alaska Department of Environmental Conservation v. EPA, the Supreme Court addressed the issue of whether the EPA was authorized to bar construction of a new major emitting facility where it found the state permitting authority’s best available control technology (BACT) determination unreasonable. The Court held that, given the legislative history and plain language of the enforcement provisions contained in the Clean Air Act, the EPA reasonably believes that the state permitting authority has acted arbitrarily in determining BACT. This Note explores the analysis employed by the Court and argues that, in light of the underlying purpose of the PSD program, the Court in Alaska Department of Environmental Conservation reached the correct conclusion.
Jennifer A. Davis Foster,
EPA Oversight in Determining Best Available Control Technology: The Supreme Court Determines the Proper Scope of Enforcement,
69 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss4/16