Whitman v. American Trucking Ass'ns, Inc.

Whitman v. American Trucking Associations, Inc., 531 U.S. 457 (2001), was a case decided by the United States Supreme Court in which the Environmental Protection Agency's National Ambient Air Quality Standard (NAAQS) for regulating ozone and particulate matter was challenged by the American Trucking Association, along with other private companies and the states of Michigan, Ohio, and West Virginia.[1] The Supreme Court faced the issues of whether the statute had impermissibly delegated legislative power to the agency and whether the Administrator of the EPA, Christine Todd Whitman, could consider the costs of implementation in setting national ambient air quality standards.[2] Section 109(b)(1) of the Clean Air Act instructed the EPA to set "ambient air quality standards the attainment and maintenance of which in the judgment of the Administrator, based on [the] criteria [documents of Section 108] and allowing an adequate margin of safety, are requisite to protect the public health."Circuit Court of Appeals had decided that the standard making procedure delegated by Congress to the EPA to set air quality was an unconstitutional delegation in contravention of Article I, Section I, of the US Constitution because the EPA had interpreted the statute to provide "no intelligible principle" to guide the agency's exercise of authority.[5] The Court concluded this based on prior holdings, noting it had only twice found an intelligible principle lacking in a statutory delegation: one which contained "literally no guidance for the exercise of discretion," and the other "conferred authority to regulate the entire economy on the basis of no more precise a standard than stimulating the economy by assuring 'fair competition.

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