Legal Opinion

WildEarth Guardians v. United States Environmental Protection Agency

Court of Appeals for the Tenth Circuit

Decided October 21, 2014No. 12-9596, 13-9502, 13-9506, 13-9507, 13-9508, 13-9509, 13-9510PublishedCited by 16 opinions

1Opinion of the Court

BACHARACH, Circuit Judge.

This appeal grows out of the Clean Air Act. In an effort to comply with the statute, three states (New Mexico, Utah, and Wyoming), one city (City of Albuquerque), and one county (Bernalillo County) adopted a regional cap-and-trade program regulating sulfur-dioxide emissions over the Colorado Plateau. 1 Under this program, each participant obtained a ceiling on sulfur-dioxide emissions. If the ceiling was met, polluters would get allocations of sulfur dioxide that could be emitted. With these allocations, polluters had a choice. They could use the allocations or cut…

2Cases cited22 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  3. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  4. Federal Express Corp. v. HoloweckiSupreme Court of the United States · 2008
  5. Smiley v. Citibank (South Dakota), N. A.Supreme Court of the United States · 1996

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3Cited by16 opinions

  1. Texas v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 2016
  2. Malouf v. SEC. & Exch. Comm'nCourt of Appeals for the Tenth Circuit · 2019
  3. Murphy v. City of TulsaCourt of Appeals for the Tenth Circuit · 2019
  4. Sierra Club v. EPACourt of Appeals for the Fifth Circuit · 2019
  5. Hafen v. HowellCourt of Appeals for the Tenth Circuit · 2024

11 more not listed; retrieve them via the Exa API.

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