ASARCO Inc. v. Environmental Protection Agency

I dissent from the judgment of the court for two general reasons. Primarily, I feel that the Administrator is vested with authority — under the terms of 42 U.S.C. § 1857c-6(b)(l)(B) directing him to “establish Federal standards of performance for new sources” and 42 U.S.C. § 1857c — 6(b)(2) authorizing him to distinguish among classes, types, and sizes within categories of new sources for the purpose of establishing such standards” — to promulgate regulations effectively exempting certain “modified” stationary sources from the requirement of compliance with New Source Performance Standards…