Puerto Rican Cement Company, Inc. v. United States Environmental Protection Agency
Court of Appeals for the First Circuit
1Opinion of the Court
BREYER, Circuit Judge.
The Puerto Rican Cement Co. (the “Company”) wishes to build a new cement kiln, replacing older kilns that it now operates at about 60 percent of their capacity. If operated to achieve about the same level of production, the new kiln will pollute far less than the older kilns; but, if the Company operates the new kiln at significantly higher production levels, it will emit more pollutants than did the older kilns. The Environmental Protection Agency, noting that it is possible that the new kiln will produce more pollution, has held that the Company cannot build it without…
2Cases cited19 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
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